Connecticut western news., 1872-11-01
The Selling of Goods to Minors for Credit.

The following is the opinions of the and La,0 Reporter:
 An infant, as the law calls every one who has not attained the age of twenty one years, can not, as a general rule, make contract which he may not dis affirm during minority. or within req sonable time after attaining his major ity. Ifyou sell him goods on credit and he resells 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 borrowed money. If he undertakes to do certain act and receive money in advance therefor, he cannot be compelled to perform his promise after he has part ed 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 iden- tical consideration, and it can be identi- fled, he becomes the trustee of the other party, and, as soon as he disaffirms the contract or refuses to perform it., he is bound to surrender it. So, if an infant has advanced money which has been parted with by the other party. and af- forwards disafirms the contract, he can not, if he has received any benefit from it, recover from the other party the ad- vanced consideration. Thus, if he buy large quantity of grain, and, after sel- ling portion, disafirm his contract, he cannot, by returning the remainder, ac- quire right to sue the seller for pro. portional part of the price. An infant is not bound by his executed contracts if it be in the power of the other party to replace him in the same condition in respect to the matter 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 one exception. He car make binding contracts for food, cloth ing, medical attendance, and such other necessaries as may be suitable te his actual condition; but, even in these cases, some care is required on the par of the seller. He is bound to ascertain that the articles which the miRor pro poses to purchase, are actually neces- saries, and that he is not already pro vided with them by his parents, guardian or friends. An infant who lives with hi parents, or guardian, or other perso1 under whose care he has been placed by them, and is properly maintained, can not bind himself to stranger, or thirc person, even for necessaries. "Nt man," says MT. Justice Gould, " "shal take upon himself to dictate to paren what clothing the child shall wear, al what time they shall be purchased, ane of whom." If a tradesman furnish arti cles which might be necessary. if th' minor were not already supplied by hi parents, or, if confding in false appear ance, he furnish articles too expensiv or numerous for the minors real condi tion, he is not entitled to recover pay fo them.
 Infancy is no plea to actions founded in misrepresentation or fraud. If an in fant falsely represents himself of age, or represents that he is purchasing fo another who is of age-and on the faitl of this, another sell him goods, the sell CT may retake the goods, or sue him fo damages.
 A person may bind himself by con tract made the day previous to his twen ty first birthday-and it has been hell that if one be born on the first day o February, at eleven o'clock at night and on the last day of January in th twenty-fr year of his age, at one o'clocl in the morning. he make will devisini land, it is good will, for he was o ago." It is also settled that an expres :; promise, after he comes of age, to pa ) back money borrowed, or for goods pun chased during his minority, will bin him-but such promise must be give voluntarily and with full knowledge tha he then stood discharged from all legs
 liability.