The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1906-10-18
CONTRACTS.
8. CONTRACTS OF INFANTS.

years. In all but few states, however,
females become of age at eighteen. The
law relating to infants contracts is for
the protection of the infant himself. He
is assumed not to be able to protect him
self The age limit, twenty-one 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 up
on business life nowadays earlier than
formerly However, in no jurisdiction,
so far as we have learned, has there
been any serious attempt made to set
the limit of infancy lower than twenty
one years, except, as stated in the case
of females.
1t is common to hear it said that an
! infants contracts are void, that one I'M
der age cannot make binding contract
| This is an unsafe statement of the rule,
it, indeed, not an incorrect one. 1t were
better to say that an infants contracts are
voidable, that is, he may avoid them #
| he so desires; but there are even excep-
tons to this, 10 we shall see. If an in
fants contracts were void neither party
could be held to them, but it is clear in
the law that if the infant wants the con-
tract to stand he can compel its per
Torrance on the part of the adult deal
| ;,,, yptfh him. N nt har yunr1a the nlpH
of infancy is a personal privilege, and
one of age who makes n contract with
an infant is bound so long as the infant
performs his part Of the contract.
A contract that is voida5le on the part
of the infant may, upon his reaching
maturity, be ratified by him, in which
case both parties will be bound. Where
his contract is voidable, az is generally
the case, he must avoid it before he be
comes of age or at once after becoming
of age, or he will be held rs having rati-
fled it.
There are instances where the con-
tract of an infant is valid and cannot be
avoided by him. These contracts are
such a. are made for the necessaries of
| life under certain circumstances. In a
sense it is scarcely proper, however, to
say that he is bound by his contract for
necessaries. He is, strictly speaking,
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 neces
saries. BY necessaries' is not meant
| what is absolutely necessary 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 in
life. What, therefore, would be deemed
a necessary with one person would not
be deemed 50 with another. A poor boy
not moving in society that is accustomed
to evening dress, would not be held
suit A boy whose station in life whose
associates and circumstances require
the use of evening dress, with the al
tentative of his appearing ridiculous,
would be held bound under such CON
tract on the theory that the suit was II
necessity A contract for articles of
mere luxury or ornament made by an
infant would not be valid and binding
on him.
Then again, it must be shown, in or
der that contract for necessaries be
held good, that the infant was not sup
piled with them by his parents, guardi-
ans, or otherwise. The same rule that
il stated above holds with reference to
contracts for medical attendance in
sickness, and for the expense of com
mon school education. Contracts made
by the infant for these, when not furn-
ished by the parent or guardian, or
otherwise, would be upheld as valid
Food and clothing, of course, come I'M
der the rule. A contract for a college
education would not be binding In
other words, whatever the infant con
tracts for, in order that the contract be
valid or binding upon him, must be
reasonable in quantity, quality and
kind and suited to his station in life,
and not be furnished him by parents
guardians, or from other source.
Contracts entered into by an infant
to conduct business or relating to n
business are voidable. One who pays n
child money on contract with him for
service does so at his peril The childs
earnings belong to the father and not
to the child, particularly if the child
lives with the father II the child, how
ever, has been emancipated the rule IL
different
As to property generally the infant
may take property and hold it, but once
| ii is his, ne cannot make contract sell
ing il or conveying it that is not voida-
ole by him.
In the matter of the ratification Of a
contract by one who has reached matur-
| ity il shosld be stated that the ratifca.
ton must be Of the whole contract One
ratifying contract made in infancy
cannot ratify part and avoid part he
Ynuut al bar rntify oil n, avoid oil Nh.