ing it was determined that he was still insane, and the application was refused. After Beckwith's death, Carter presented his claim for services. It was held that he could not recover on the ground of a contract with Beckwith, as any contract entered into with a person judicially declared insane is absolutely void. - Carter v. Beckwith, 128 N. Y. 312.

If the lunatic afterwards becomes sane, he may then ratify or disaffirm all of his voidable contracts, the same as an infant upon attaining his majority, unless he has been declared insane by a court, in which case the court will have to remove this disability.

The contracts of an incompetent person for necessaries are subject to the same rules as those of an infant.

Idiots. There is a distinction between idiocy and insanity. An insane person is one who has had reasoning power but through some cause has lost it. An idiot never has had reasoning power; he was born mentally defective. A contract with an idiot is always voidable, and in most cases it is absolutely void.

Aliens. An alien is a person who owes his allegiance to a foreign power. During times of peace all valid contracts are binding between aliens and citizens. In certain states restrictions are imposed on aliens in acquiring and holding land. In case of war between this country and the country to which the alien owes his allegiance he is an alien enemy; and, where the safety of this country demands it or the contracts result in giving aid or comfort to the enemy, contracts between an alien and a citizen of this country may be declared void. Contracts entered into during peace may be suspended during the war, or, in the interests of trade, contracts may be allowed to continue, either by treaty or by special trading agreements.

Married Women. - In early times under the common law married women had no property or contract rights. Now we find that by statute a married woman can conduct her own separate business, can contract independently of her husband, and in fact in most of the states she has the same legal rights and powers as an unmarried woman, except generally a married woman cannot bind herself as a surety or guarantor.

One should consult the laws of one's own state before entering into a contract with a married woman, as a few states still restrict her freedom to contract.

QUESTIONS

1. How many parties must there be to a contract?

2. Can an individual contract with himself? Explain.
3. How are parties to a contract usually designated?

4. Distinguish between parties to a contract and persons.
5. Who is an infant or minor?

6. When does a person become legally of age?

7. How does the law protect infants who enter into contracts? 8. What is a void contract? What is a voidable contract?

9. Are infants' contracts void or voidable?

10. Is a contract between an infant and an adult binding upon the adult? Explain.

11. Give an example of an infant's contract that may be avoided by him.

12. An infant bought a bicycle on credit; has he a right to keep the bicycle and not pay for it?

13. The bicycle which the infant bought on credit was stolen from him; can he avoid paying for it?

14. Explain an infant's right to affirm or disaffirm an executed contract. What steps must he take?

15. Is it necessary for an infant to affirm an executory contract if he wishes to live up to it?

16. When will silence amount to affirmation?

17. When is infancy a defense to an action on an executory contract? When is it not a defense?

18. Can an infant avoid a part of a contract and affirm the rest? Explain.

19. What class of infants' contracts are always void? Explain. 20. What exception is there to the rule that an infant's contracts are voidable at the option of the infant? Why this exception?

21. What is included under necessaries?

22. Can a dealer collect from an infant more than the necessaries are worth? Or for necessaries that the infant did not need?

23. Is an infant liable for his torts? Explain. Give examples. 24. What is the rule as to the contracts of insane persons?

25. When is a person said to be insane and incompetent to contract?

26. Can an insane person make a valid contract? Explain.

27. Has a lunatic a right during a sane interval to affirm or disaffirm his voidable contracts?

28. What is the distinction between idiots and lunatics?

29. Who is an alien?

30. What are the rules governing contracts with aliens?

31. What are the rules governing a contract with a married woman? Explain.

3. OFFER AND ACCEPTANCE

The Foundation of a Contract. Every contract is the result of an offer, by one party, which is accepted by another party. Traced back to its origin a contract amounts to this: The first party says, "I will take a certain sum for this article "; to which the second party answers, "I will accept your offer and give you the specified sum."

You enter a furniture store. The tradesman by exhibiting his wares virtually says he will take the stated price for such articles. You say you will take a certain chair, marked $10. Here we have an offer and acceptance.

The offer must be explicit. If A says, "I may take $100 for this horse when I get ready to sell him," this is not an offer which B can accept and thereby create a contract.

The acceptance must be absolute and on the exact terms contained in the offer. If A offers to sell a load of hay for $10, and B says he will give him $9 for it, no contract is made because there is no acceptance of the offer.

The Offer and Acceptance must Pertain to the Same Object. A may offer to sell his bay horse for $100. B says, "I will give you that amount for your gray." There is no contract because the minds of the parties have not met.

Myers owns four auto trucks, all different makes. Jerome said to Myers, "I will give $1000 for one of your trucks." Myers replied, "I will accept $1000 for one." This is not a contract, as there is a chance that Jerome has one truck in mind and Myers has another, and their minds have not met on the same proposition.

The Offer must be Communicated to the Party Accepting it. The offer may be communicated orally, in writing, or by acts and conduct, or it may be published. In whatever way it is communicated it must actually reach the party accepting it. A contract cannot result until the offer reaches the offeree and he accepts it.

An offer unintentionally communicated indirectly cannot be Isaid to have been communicated.

Dann says to Lewis, "I will sell my horse to Brush for $200, if he will give that amount." This does not constitute an offer to Brush, even though Lewis, without authority, tells Brush about it, as it cannot be said to have been communicated by Dann.

In some states it is held that a person who gives information concerning the parties to a crime without any knowledge of the reward which has been offered, cannot claim the reward, as the offer has not really been communicated to him. Other states hold that he can recover, as the reward is a public offer and when acted upon binds the offerer. The weight of authority seems to be in favor of denying the right of the plaintiff to recover when he had no knowledge of the reward prior to the time of the giving of the information.

When a man works for another without his request or knowledge, there is no contract and he cannot recover.

Jackson owned a field in which Bartholomew had a stack of wheat which he had promised to move in time for plowing. Notice having been given, he promised that it would be moved at 10 A.M. Relying on this promise, Jackson, shortly after 10 A.M., set fire to the stubble in a distant part of the field, but later found the stack was not removed, so did it himself to save the grain, and then sued Bartholomew for the work. Held, the services were rendered without request and with no promise express or implied to pay for them, and there can be no recovery. The judge said, "If a man humanely bestows his labor, and even risks his life, in voluntarily aiding to preserve his neighbor's house from destruction by fire, the law considers the services rendered as gratuitous."

-Bartholomew v. Jackson, 20 Johns. (N. Y.) 28.

If, however, the person for whom the work is being done knows of it and does not order the doer to stop, acceptance is implied and he will have to pay.

Not only must

The Acceptance must be Communicated. the offer be communicated, as we have seen, but the acceptance must also be communicated, and whether it reaches the offerer or not, it must be something more than a mere mental assent.

Andrews offered Loomis $500 to erect a portable garage. Loomis, intending to accept the offer but without communicating his acceptance to Andrews, purchased the lumber and proceeded with the work. Later Andrews decided he would not need the garage and notified Loomis withdrawing his offer. Loomis cannot recover damages as he failed to communicate his acceptance to Andrews and there was no contract.

Acceptance must be Made as Prescribed. The offerer may prescribe a particular way in which the acceptance must be made. For example, if the offer is made by mail and expressly requires that the acceptance shall be telegraphed back, it will not be sufficient to send the acceptance by mail.

Adams offered by letter to sell Snow 600 bushels of potatoes at $1 per bushel and stated in his letter "If you wish these potatoes at this price, wire me at once." Snow waited three days and then sent Adams a letter accepting the offer. There was no contract, as the acceptance was not made as prescribed.

If

There must be No Qualification in the Acceptance. Aller offers to sell his automobile to Baker for $600, and Baker accepts if Aller will take $300 down and his note for the balance at 30 days, the acceptance is qualified and does not constitute a contract.

Harper offered to sell Randell 600 tons of coal for $5 per ton. Randell replied, "I will buy 500 tons at the price named." This was a qualified acceptance and no contract resulted.

A qualified acceptance is a refusal of the offer and terminates the offer. If Randell after his first reply had accepted the offer exactly as made, still no contract would have resulted, as there was no longer an offer open for his acceptance. In each case, however, the reply made by Randell might be treated as a new offer, and a contract would be created by Harper's acceptance of that offer.

An Acceptance is Binding as soon as Made. An acceptance is binding as soon as made, even though it has not come to the knowledge of the offerer. If the offerer requires or suggests a mode of acceptance, he takes the risk of the acceptance reaching him. A common illustration of this is the case of an offer made through the post office, for in such a case it may be assumed that the acceptance is to be made in the same way unless otherwise expressly stated. When made in the required way, it is held that as soon as the acceptance is sent the contract is made. And the completion of the agreement dates from the time of mailing the letter or sending the telegram, and not from the time of receiving it.

The Merchants Fire Insurance Company wrote they would insure Taylor's house for $57. This letter was received on December 21, and on

that day Taylor accepted the offer and sent his letter of acceptance with check inclosed. On December 22, and before Taylor's letter of acceptance and check reached the Merchants Fire Insurance Company, the house was burned down. Held that this contract was completed when the letter of acceptance was mailed, and therefore the company was liable.

Taylor v. Merchants Fire Insurance Co., 9 How. (U. S.) 390.