The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1872-11-26
The Selling of Goods to Minors for
Credit.


Credit.
The following is the opinions OF the cd
itor of the law column of the Ldnd and
Lar Reporter
An infant, as the law calls every one
who has not attained the age of twenty
one years, cannot, as general rule,makc
a contract which he may not disaflirm
during minoritr, or within a reasonable
time after attaining his majority. If
you sell him goods on credit and he re-
sells them, and then refuses to pay, you
are without legal remedy. If you buy
horse from him and pay him the price
for it, and he refuses to deliver, your
money is gone. He is not liable to his
promissory note or bond nor for borrow
ed money. If he undertakes to do a GER
tain act and receive money in advance
therefor, he cannot be compelled to per-
form his promise after he has parted with
the consideration nor can the money be
recovered from him. for it was the folly
Of the party to trust him. If, however.
he retain the specific and indentical con-
sideration, and it can be Unidentified, he
becomes the trustee of the other party,
and as soon as he disafirms the contract
or refuses to perform it, he is bound to
surrender it, So, if an infant has ad-
vanced money which has been parted
with by any other party, and afterwards
dlsaflirms the contract, he cannot it he
has received any benefit from it, recover
from the other party the advanced con-
sidcration Thus if he buys large
quantity of grain, and after selling por-
ton, disafiirm his contract, he cannot, by
returning the remainder, acquire right
to sue the seller for a proportional part
of the price. An infant is not bound by
his executed contracts if it be in the pow
er Of the other party to replace him in
the same condition in respect to the mat
ter as that in which he was before the
contract, but in such cases he must return
the consideration which was advanced to
him.
The general rule, denying the obliga-
tory power of an infants contracts, ad-
mits of but Que exception. He can make
binding contracts for food, clothing, med.
ical attendance, and such other ncoessar-
les as may be suitable to his actual con-
dition but oven in these cases, some care
is required on the part Of the seller, He
is bound to ascertain that the articles
which the minor proposes to purchases
are actually necessaries, and that he is
not already provided with them by his
parents, guardian or friends. An infant
who lives with his parents, or guardian, ,ol
other person undor whose care he has
been placed by them, and is properly
maintained. caunot bind himself to 6
stranger or third person, even for neces
saries. mo man." says Mr.. Justice
Gould, "shall take upon himself to die
tate to parent, what clothing the chile
shall wear, at what time they shall b
purchased, and of whom" Ifa trades
man furnish articles which might be nee
essary if the minor we're not already sup
, piled by his parents, or if confding il
false appearance, he furnish articles to,
expensive or numerous for the minor
real condition, he is not entitled to re
/ cover pay for them.
Infancy is no plea to actions founde'
in misrepresentation or fraud. If an in
l fant falsely represents himself of age-o
represents that he is purchasing for an
s other who is of age-and on the faith Q
this, another sell him goods, the sele
{; may retake the goods or sue him for dam
. ages.
A person may bind himself by cor
t tract made the day previous to his TWEEN
Y ty-irst birthday-and it has been hel
i that "if one be born on the first day {
$ February, at eleven o'clock at night, an
s on the last day of January in the twenty
t first year of his age at one o'clock in tn
!, morning, he make will devising land,
e is a good will, for he was of age" 1t
| also settled that an express promise, ,afte
d he comes Of age, to pay back borrowed,c C
!. for goods purchased during his minorit.
!. will bind him-but such promise must /
G given voluntarily and with full knowledg
!. that he then stood discharged from a
d legal liability.