Now they hold that he need not carry them out
if he desires to escape from them. There is, however, one exception
to this rule. If he has given a note in the ordinary form, and this
has been taken by a third person in good faith who did not know of the
maker's condition at the time of making it, he must pay. But, we
repeat, the third person must act in good faith in taking it, for if
he knew that the maker was drunk at that time he cannot require him to
pay any more than the person to whom it was first given.

One other class may be briefly mentioned--the INSANE. They are
regarded in the law quite the same as minors. For their own protection
the law does not hold them liable on any contracts except those for
necessaries. These are binding for the same reasons as the contracts
of minors, in order that they may be able to get such things as they
need for their health and comfort. For if the law were otherwise,
then, of course, merchants would be afraid to sell to them. But as
merchants can now safely sell to them whatever they truly need in the
way of clothing, food, etc., to make themselves comfortable, so, on
the other hand, the insane, like minors, must pay for these things,
and it is right that they should.

IV. THE CONSIDERATION IN CONTRACTS

Having explained who can make contracts, we are now ready to take
another step. Besides having parties, there must be a CONSIDERATION
for every contract. This is rather a long word, but no shorter can be
found to put in its place. What do we mean by this term? We mean that
there must be some actual gain or loss to one or both parties to a
contract, otherwise it is not valid. If, for example, A should say to
B, "I will give you $100 to-morrow," B, perhaps, might go away very
happy, thinking that with this money he could buy a bicycle or some
other fine thing; indeed, it was just the sum for which he was
longing; so on the morrow he goes to A for his money. He promptly
appears, but A says to him: "I have changed my mind, and will not give
you the $100." B asks: "Did you not promise to give me this money?"
"Certainly." "Well, why will you not fulfil your promise?" A replies:
"I was a fool when I made that promise; you are not going to give me
anything for it, so I am unwilling to give the money to you." Suppose
B in his sorrow should go to a lawyer, thinking, perhaps, that he
could compel A by some legal proceeding to pay over the money. What
would the lawyer tell him? Why, h