The mirror. (Stillwater, Minn.) 1894-1925, 1914-04-30
WHAT IS LAWFUL
IN CONTRACTS
Continued from page One

bearance, detriment, loss or responsibility
given, suffered, or undertaken by the other.
The feature that most Interests the aver
age person and the invariable question asked
relates to adequacy of the consideration that
is, must consideration given be of equal value
to the benefit received. The law states
definitely that it has no concern as to this
matter or in other words consideration need
not be adequate. ANY real consideration,
however small will support a promise so
long as man gets what he has bargained
for; and it is of some value in the eye of the
law the courts will not ask whether the value
is in any way proportionate to his act or
promise in return. Mr.. Justice Story,
Chief Justice of the Supreme Court of Mass.
has ruled that, valuable consideration,
however small if given in good faith in the
absence of fraud is sufficient to support any
contract. One dollar is just as effectual a
consideration as larger sum. An interest
ing question often asked in this little world
of ours. Is, can convict make contract
or in other other words is convict a COM
petent person in regard to contractual rela-
tons.
Contracts With Gonvicts
Under the English common law which
is in force where there is not statute cover
ing the matter at issue, a convict could not
make contract during the continuance of
his conviction nor force contracts made pre-
vious to conviction. In this country this
rule is not recognized to any extent, and a
convict undergoing sentence of imprison-
ment, or even awaiting execution of SEN
tence of death, may in the absence of stat
utory restrictions enter into contracts. and
sue or be sued thereon. In some states,
however there are statutes declaring that a
sentence of Imprisonment in the penitentia-
ry shall suspend all civil rights and in these
states a contract by convict while under
sentence is void; this, however, does not
render him civilly dead unless the statute SO
provides as it does generally when the sem
tence is for life. Nor does it prevent his
creditor from suing him for, though the
convicts civil rights are suspended, the
rights of the creditors are not suspended.
1t may be of interest to add something to
what has been said about the second requi-
site-offer and acceptance as in the making
of every contract one party must make an
offer or proposal to the other. This is the
first step,-the second step the acceptance of
this offer. What interests most is the fact
of meeting and accepting many implied Of
IcIS III inc COuiSc VI udy WOIk. w uCH
you leave home in the morning and step
into the taxi at the corner-you have made
contract by accepting the offer of public
conveyance. as you pass the news stand on
the corner and pick up the New York
World or Chicago Tribune, you are ac-
cepting the implied offer of the newsdealer
and thereby contract to pay the regular
price, or, if you step into the street railway
car you are accepting an implied offer of
transportation, in fact anything publicly
displayed for sale or use is an implied offer
and if you take It or use it then by that act
you express your acceptance and contract
is made. You may ask how long is an Of
fer good? In general an offer once made
is good for reasonable time or until notice
is given of its withdrawal
Contracts against public policy, restraint
of trade, or marriage are void, also those Of
an immoral nature, contracts made on
Sunday or to do any act on Sunday are void