West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-10-11
POPULAR TALKS ON LAH.
William c Sprague, President Tho
Sprague Correspondence scho:.
Q! Law.
Paper No. 8 Contracts OF Infants.


Infants, or minors, are persons,
male or female, under the age of II
years. In an but few States, how
ever, females become of age at IS.
The law relating to infants con-
tracts is for ihe protection OF the
infant himself. The age limit Fl
years, was fixed in the law many
years ago, Perhaps were the law to
be formulated anew the limit would
be set lower. Young men and young
women enter upon business life now
adays earlier than formerly. How
ever, in no jurisdiction, so far as
we have learned, has there been any
serious attempt made 90 set thc
limit of infancy lower than ~ years,
except, as stated, in the case OF fe-
males.
1t is common 10 hear il said that
an infants contracts arc void, that
one under age cannot make a bind
ing contract. This is an unsafe
statement of the rule, IL, Indeed, not
an incorrect one. It were better TO
say that infants. contracts are void
able, that is, he may avoid them if
he so desires but there are even
exceptions 10 this, as we shall see.
II an infants contracts were void,
neither party could be held to them,
but it is clear in the law tina, if The
infant wants the contract 10 stand
he can compel Its performance on
the part of the adult dealing with
him; in other words, the plea Of in
fancy is a personal privilege, and
one of age who makes a contract
with an infant is bound so long as
the infant performs his part Of the
contract.
a contract tha, is voidable on the
part of the infant may, upon his
reaching matuuty, be ratified by
him, in which case both parties will
be bound. Where his contract is
voidable, as is generally the case,
he must avoid 1t before he becomes
of age or at once after becoming of
age, or he viii be held as having
ratified it.
There are instances where the
contract Of an infant is valid and
cannot be avoided by HIM. These
contracts are such as are made for
the necessaries OF life under certain
circumstance. In sense Il is
scarcely proper however to say
that he is bound by his contract for
necessaries. He Is, strictly speak
ing, not bound as on contract at
all; in other words, not bound to
pay the price that he agrees to pay,
but only for the reasonable value.
A question arises as to what are
necessaries. By 'necessaries" is
not meant what is absolutely neces
sary to barely keep the infant alive.
The rule as generally stated is that
the infant is bound for the value of
such necessaries as are reasonably
useful IN maintaining him properly
considering his station M life. What
therefore would be deemed neces-
sarY with one person would no. be
deemed so with another. A poor
boy not moving in society that is
accustomed TO evening dress, would
not be held bound on a contract 90
buy full dress suit a boy whose
station in life, whose associates and
circumstances require the use Of
evening dress, with The alternative
of his appearing ridiculous. would
be held bound under such a con-
tract on the theory that the suit was
a necessity. a contract for articles
of mere luxury or ornament made by
an infant would not be valid and
binding on him.
Then again, 10 must be shown, in
order that a contract for necesesr.es
be held good that ,he infant was