of
the well-known cases occurred many years ago. The bill against the
minor was for more than a thousand dollars for twelve coats, seventeen
vests, twenty-three pairs of trousers, five canes, fur caps, chip hats
and other things, in less than six months. The jury rendered a verdict
for almost the entire amount, but the reviewing court remarked that
the bill made the members shudder, that the seller must have known
that all these things were not needed for the minor's comfort within
that short period, and the verdict was therefore set aside.
The question is constantly arising, what are necessaries? A thing
might be to one and not to another. Thus a bicycle merely for pleasure
would not be a necessity; one that is used to go to and from an
individual's daily work would be. A dentist's bill for repairing one's
teeth has been disputed, the law, though, generally favors the
preservation of human teeth. Education furnished to a minor may be a
necessary thing, yet only when it is suitable to his wants and
condition. Should a minor repudiate a contract, the law is observed
if he restores all that he has received, or that is capable of
restoration.
With respect to contracts for other things, they are not always void,
but may be avoided. If they have not been executed, he can disavow
them at any time. If nothing is done during infancy inaction operates
generally as an affirmation. If he disaffirms a contract, he must
return the thing purchased or received, or make the best restitution
he can, for it would not be just to retain possession and refuse
payment.
A different rule applies to a minor who makes a fraudulent contract.
Suppose he buys goods assuring the seller that he is twenty-one years
of age when in fact he is not, though nearly so. Can the seller
recover on his contract? No, but the law has another way of reaching
him. He is liable in an action of deceit, and the amount or damage
that may be recovered is that of the goods sold to him.
A minor who has a parent or guardian cannot make a contract even for
necessaries, nor is he under any obligation to pay his bills for them.
Should he be in need of such things and his guardian or parent be
unwilling to furnish them, they can be compelled by law if having the
means to provide him with whatever he requires.
=Mortgage.=--Two kinds of mortgages are given, one kind is secured by
real estate, the other kind by personal property. In both the borrower
of money pledge
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