West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-09-13
POPULAR TALKS ON LAW.
By William c. Sprasue, President
The Sprasue Correspondence
School OF Law.
ARTICLE TREATS ON CONTRACTS.
No. 2. Offers To The Public, Con.
tracts OF Aliens and or
Corporations.
COPYRIGHT 1906.

need not be to any particular person,
but may be made to the public in
general. An instance of this is an
advertisement OF a reward offered.
An acceptance in such a case is
necessary in order to make con-
tract, and the acceptance must be
with knowledge of the offer. In
such a case the contract is executed
by the act itself. The person &C
cepting need not notify the person
making the offer. The offer is &C
cepted by his going ahead and do
ing the work or performing the act.
An offer made to the public may
be Withdrawn before it is acted upon,
and IL the offer was made by adj
vertisement, withdrawal may be SO
made, and the mere fact that the
person performing the act did not
see the advertisement Withdrawing
the offer does not entitle him to the
reward. AS rule, an offer may be
Withdrawn by the same means used
in making it. OF course an offer
may be presumed in the law to have
been withdrawn by lapse Of time.
No withdrawal having been actually
made, the offer will be presumed to
stand for a reasonable time.
We now enter upon the discussion
of who are competent to make con-
tracts. Not every one may make q
contract. The law books designte
six classes of persons who, in genera,
are incompetent to make binding
contract, either wholly or in part;
1. Aliens. 2. Corporations, 3. In
fants. 4.Insane persons. S. Drunk
ards. 6. Married women.
In the first place, it may be un-
derstood that man cannot make
a contract with himself. In other
words, there must be at least two
parties to a contract. One attempts
to make contract with himself
when as an agent for some one else
he attempts to buy the goods Of
his principal; or when, as executor,
he attempts to buy the goods of the
testator; or when as auctioneer he
tries to buy the goods he is Offering
for sale. The mere fact that one
cannot sue himself would make the
rule necessary. The same applies
where one attempts to make con-
tract with himself and another.
One cannot sue two persons one of
whom is jointly interested with him
self as defendant. Neither can one
make a contract with fc.ious per-
son; the person must be living.
There is no law preventing the
making of contracts between per
sons Of different nationahties, or
owing allegiance to different flags.
Such contracts, however, made be.
tween aliens, that is, citizens of
countries at war, are declared in the
law to be null and void. In case
of the Spanish. American War a
contract entered into between
Spaniard and an American during
the existence of the war was a null
lily. Even after peace was declared,
the contract could be of no effect.
AS to contracts made before the war,
they revive when peace returns.
In the same way suit on a contract
made before the war began cannot
be carried on in the courts while
the war continues. II brought be-
fore the war begins, a suit may be
brought, or the case may be reliev-
ed after the war has closed
A corporation is a child of the
state. 1t has no inherent right to
make contracts above and beyond
such as are expressly given to it by
the state, Any contract that It
attempts TO make that is not within
its power as determined by the law
unde (which II was organized, is
null and void, or, as the Law books
say, ultra wires. II canno, be too
plainly understood that corpor-
alton has no power beyond what
are given il by its charter, or its in
cooperating act. In some states
the directors are personally liable
as partners on contracts made ultra
wires. Now, the Incorporating act
under which the corporation is
organized may be general in IFS
terms, specifying only in broad
terms the limits Of the corporations
powers and rights. Il will be IN.
derstood, as We will see later. that
corporation has the implied power
to do any act necessary to the
carrying out Of the purpose Of its
organization as provided in its
charter. So corporation has the
implied power to hold any property
necessary TO the carrying on Of It's
business unless, Of course, it is
expressly forbidden by Law. n the
property is 10 be used for some
nnrnnae heunr.d Oh. ...---- ~