III. THE PARTIES TO A CONTRACT (_Continued_)

In the former article we told our readers that there were some persons

who could not make contracts, and among these were INFANTS or MINORS.

In most of the States a person, male or female, is a minor until he or

she is twenty-one years old. In some of the States, among them

Illinois, a female ceases to be a minor at eighteen years of age.

By the Roman law a minor did not reach his majority until the end of

his twenty-fourth year, and this rule has been adopted in France,

Spain, Holland, and some parts of Germany. The French law, though, has

been changed, with one noteworthy exception. A woman cannot make a

contract relating to her marriage without the consent of her parents

until she is twenty-five. Among the Greeks and early Romans women

never passed beyond the period of minority, but were always subject to

the guardianship of their parents until they were married.

MARRIED WOMEN are another class of persons who cannot make every kind

of a contract like a man. Once a married woman had but very little

power to make contracts. However great might have been her wealth

before marriage, as soon as she entered into this blissful state the

law kindly relieved her of all except her real estate, giving it to

her husband. On the other hand, he was obliged to pay her bills,

which was one of his great pleasures, especially if she was a constant

traveller to the silk and diamond stores. She could still keep her

real estate in her own name, but that was about all. Her husband took

everything else; he could claim her pocket-book, if he pleased, and

was obliged to support her in sickness or health, in sweetness or in

any other "ness."

The law has been greatly changed in all civilised countries in this

regard, and to-day in most States she can make almost any kind of a

contract. In some States, however, it is even now said that she cannot

agree to pay the debt of another, but this is, perhaps, the only limit

on her power to contract. She can engage in business, buy and sell,

transfer notes, make contracts relating to the sale and leasing of her

real estate, insure it, build houses, and do a thousand other things

quite as freely as if there were no husband around. The most of these

changes widening her authority to make contracts have come within the

last fifty years. Of course, unmarried women can make contracts like

men, and many of them know it.

Another class who cannot make contracts are DRUNKEN PERSONS. Once the

law regarded a drunken man as fully responsible for his acts, and if

he made a contract he was obliged to execute or fulfil it. He could

not shield himself by saying he did not know what he was doing at the

time. The court sternly frowned on him and said: "No matter what was

your condition at the time of making it, you must carry it out." This

was the penalty for his misdeed. It may be the courts thought that by

requiring him to fulfil his contracts he would be more careful and

restrain his appetite. Whatever the courts may have thought, they have

changed their opinions regarding his liability for his contracts made

under such conditions. 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.

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