dence, his contracts are supposed to be valid. If he were insane at the time of making the contract he can avoid it or affirm it, as he may choose. Hence his contracts are voidable, but only voidable at his option, and not at the option of the other party who is bound thereby.

The statutes of the different states provide that all persons of unsound mind may be put under guardianship. This being done by a competent court, the legal ability to contract for everything (except in certain cases for necessaries), is taken from him and vested in the guardian. This is true of idiots and spendthrifts as well. Hence after the appointment of legal representatives their contracts are void. (145 Ind. 673, 56 No. E. Rep. 98.)

38. Exceptions.-Like all persons who are not permitted by law to contract generally, a lunatic is allowed to make bona fide contracts for necessaries, which include all such things as are useful to him, and proper for his means and station in life.

The price he agreed to pay may not be upheld, but through the theory of implied contracts a reasonable price may be substituted.

It will thus be seen that some contracts of an insane person are valid, some voidable, and others that are actually prejudicial to his interests are void.

39. Idiocy. An idiot is one who is so deficient in intellect that he is incapable of understanding the nature and effect of his agreements. For his own protection the law will not, therefore, permit him to make contracts that will be binding upon him, excepting, of course, for necessaries.

40. Intoxication, when so complete as to render a man incapable of acting intelligently, will incapacitate him from contracting. As he can without doubt affirm his agreements when he becomes sober, his contracts are voidable. If he bought goods when intoxicated, he must return them if he would repudiate the purchase. A slight intoxication will not render him incapable of contracting. He may, as in the case of lunacy, contract for necessaries. When one has been found to be an habitual drunkard his property is cared for as in lunacy, by a conservator.

41. Profligacy.-When a person is found by due process of law to be a spendthrift, he may, as in the case of lunacy, be deprived of all control over his property, which will be placed in charge of a con

servator. This is done on the ground that he may become a public charge. He is not presumed to be a spendthrift until so proven, and hence any contracts he may make up to this time are valid, unless fraud can be proven, but after the appointment of a conservator his contracts are void.

42. Infancy. In the eyes of the law every person is an infant until he has become of age. Males in most states become of age at twenty-one. In some states a female becomes of age at eighteen1 and in some at marriage if younger.2

A child's first birthday is the first day of his second year, and as the law does not regard portions of a day, he becomes of age at the first moment of the day before his twenty-first birthday.

While he is yet a child the law does not regard him as able to know and defend his own best interests, and for this reason seeks to protect him.

43. Ratification of Contracts Made by Infants.-As a general rule the contracts of an infant are voidable. That is, he may either during his minority, or within a reasonable time after he becomes of age, avoid the contract if he will. If the contract be an executed one, as for instance for a horse which has been delivered to him, and he now seeks to recover the purchase money paid, he must, if possible, also return the horse.

The law does not appear to be well settled as to whether, on the principle of "silence gives consent," mere silence on the part of the infant for a reasonable time after becoming of age, will in itself be construed as a ratification, or whether he may wait until the other party seeks to enforce it against him before disaffirming it. Some decisions have held one way and some another. A few states go even farther, and require the ratification to be express and in writing.

44. Who may take Advantage of the Rule. The right to plead infancy as a defense is a personal privilege, and belongs only to the infant. It cannot be used by the other party to the contract for he is bound by the contract if the infant so desires.

It makes no difference that the adult had no knowledge of the infancy or lunacy of the other party to the contract and took no

1 Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Montana, Missouri, Mississippi, Maine, Maryland, New Jersey, New York, New Hampshire, Nebraska, Nevada, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, North Carolina, Texas, Utah, Vermont, Wyoming, Wisconsin, Washington. 2 Iowa, Oregon, Washington.

advantage of him still the infant or lunatic may disaffirm if he wishes.

It is good advice to avoid contractual relations with an infant or a lunatic, for if the contract prove valuable to him he may retain its benefits and on the other hand if it prove onerous he may avoid it.

45. Necessaries.-While it is the general rule that an infant cannot make contracts that will be binding on him, yet there are exceptions to it. He may make valid contracts for necessaries furnished him. The price he may agree to pay will not be upheld if it be exorbitant, but a reasonable one will be.

Necessaries include food, clothing, shelter, medical attendance and instruction and must be such as are suitable to his station in life and within his means. Hence, what would be deemed necessaries for one 'might be luxuries for another.

46. Married Women.-Under the common law during the life of her husband the legal existence of the wife was merged in that of her husband. This was upon the principle that they were one person. All personal property she may have had at the time of her marriage became his, and as this took her means to pay her ante-nuptial debts the husband was charged with them. She could make no contracts while living with her husband, that would either bind him or her except when she did so as his agent. He was entitled to her earnings. But if he did not supply her with the necessities of life and she were not at fault she could purchase them and he would be bound, it being implied that she had authority to act as his agent.

47. Statutory Changes.-There is perhaps nothing in the common law that the statutes of the several states have changed more than the rules in reference to married women. In many states she can now hold property and make any contracts in reference to it the same as if single. At marriage she may retain and manage her own property.

48. Alien Enemies. When two countries are at war the subjects of each are alien enemies to the subjects of the other. The law prohibits all commerce between the countries and makes all contracts so made void. It does this not alone because the interest of a citizen might become antagonistic to his government but in order to prevent him from withdrawing the resources of his country to the benefit and encouragement of the enemy.

CHAPTER VI.

ASSENT.

49. Meaning.-Assent is the meeting of the minds of the parties to a contract or their agreement to a certain thing. This consists of two parts—a proposition and an acceptance.

50. Proposition.-The first step toward the making of a contract is to make a proposition. This is a mere offer, and so long as it is not accepted it is of no binding force, and may be withdrawn. As a rule, when the parties are together when a proposition is made, it must be accepted at once, for if they separate it cannot be accepted later. The general rule is that a proposition remains open for a reasonable time, and what is a reasonable time must be determined by the circumstances of each case. Of course a proposition may be withdrawn at any time before acceptance, unless the proposer be paid for keeping the proposition open.

51. Proposition with Time.-When one makes a proposition and states a definite time for which it will remain good, it is sufficient if accepted within this time, provided it is not previously withdrawn.

52. Written Proposition. When a proposition is made by letter, it is accepted as soon as the letter of acceptance is mailed, and it matters not that a letter of withdrawal be mailed before the letter of acceptance, provided it has not yet reached the acceptor. Such a proposition is deemed a continuing one from the time it is mailed until it be received, and for a reasonable time thereafter. Within this period it may be withdrawn at any time previous to acceptance, but it is not withdrawn until the notice actually reaches the one to whom the offer was made.

If A in Boston, on the first of January, write to B in Chicago, making an offer, and this letter reaches Chicago on the 3d, and B forthwith answers the letter, accepting the offer, putting the letter into the mail that day; and though on the second, A writes withdrawing the offer, and his letter of withdrawal reaches B on the fourth, nevertheless a contract has been made. Why?

53. A Proposition with a Condition.-Sometimes an offer is made saying "If there be no answer by a certain time I shall consider the offer accepted." Although no word be received during the time specified, yet there is no contract, for the offerer has no right to impose such a condition. On the other hand, if the offer be made saying "If no word is received from you by a certain time, I shall conclude that you do not accept," and no word is received, the offerer is safe in considering it no contract. This is in effect stating the limit of time for which the offer is good.

54. Giving an Option.-We have seen that an offer may be made, which is to hold good for a certain length of time. But the offer may be withdrawn at any time before acceptance, for the proposer has not been paid for keeping his offer open. It is customary, therefore, in order to be sure of time in which to investigate the offer, to pay the proposer a small sum for keeping the offer good for a certain time. This is called "giving an option" by the proposer, or "securing an option" by the other party. When the proposer is thus paid for keeping the offer good, he cannot within this time withdraw it.

A and B are publishers. A asks B what he will take for the whole edition of a certain book. B replies $3,500. A gives him $10.00 for the option for thirty days. In twenty-nine days A comes for the books, having decided to take them. Can B withdraw his proposition? Why?

A, a stock buyer, asks B, a farmer, what he will take for a drove of cattle. B replies $2,000, but A does not accept and drives away. Changing his mind, he returns in an hour and says he will take the cattle at the offer, but B now declines to sell for less than $2,500. Has A a right to the cattle?

55. Acceptance. The parties must agree, or assent, to exactly the same thing, and in exactly the same sense, or one of the essential elements of a valid contract is lacking. If any condition is added to the acceptance, it is not such an acceptance as will constitute an agreement, for the minds of the parties do not meet. It will amount, however, to a new proposition, which may or may not be accepted by the original proposer.

A, of Chicago, telegraphs B, of New York, that he will sell him five car loads of good corn at a certain price. B replies that he will take it, but will expect it to be clear yellow of first quality. Is this a contract? Why?

When both the proposition and acceptance are sent by mail the acceptance cannot be overtaken and withdrawn by a telegram, even though it reach the proposer before the letter of acceptance. There are cases to the contrary however.

56. Implied Acceptance. -No set form of acceptance is required,