James Stone was the owner of considerable property in the town in which he lived. Although only a little over nineteen years of age, he was always taken to be at least twenty-two or three years of age. Desiring to purchase a motor cycle he went to the store of Mr. Atchinson, a dealer in motor cycles, and told him his desire. He asked that he be given credit for a few days. Mr. Atchinson knew he was a young man owning some property but did not know that he was under age. When he was questioned, James Stone assured Atchinson that he was of age. He purposely lied about his age hoping to defraud the dealer if possible. Upon the strength of these representations, Mr. Atchinson sold him the machine on ten days' credit. He left the machine on the street, where it was stolen. He then refused to pay the dealer the purchase price. Action was brought by Mr. Atchinson to which the minor replied that he was a minor and not liable upon the contract. Under the foregoing circumstances can James Stone be held on the contract?

Ruling Court Case. Cobbey Vs. Buchanan, Volume 48 Nebraska Reports, Page 391; Volume 67 Northwestern Reporter, Page 176

J. E. Cobbey sued Elmer Buchanan for certain professional services which he had rendered on behalf of the defendant and at the defendant's request. The suit was for fifty dollars. It was contended by the defendant that at the time he made the request he was a minor, and unable to enter into a binding contract of this kind. The plaintiff contended that the defendant was liable because he falsely and fraudulently represented that he was of age upon which statement the plaintiff had relied, and as a consequence therefrom had suffered damages.

Decision: The general rule is that an infant is not estopped to set up his infancy as a defense to a contract. The Court after stating as to the general rule said, however: "We are aware that there are cases holding a party estopped from asserting the defense of infancy when he had procured some advantage, benefit, or property by fraudulently representing himself to be of age, and where the other party had believed in, relied upon, and acted on such false representation made by the infant as to his age; to estop him from asserting infancy as a defense, the representation must have been fraudulently made by the infant, and believed in, relied on, and acted upon, by the other party."

Since it was not shown that the plaintiff relied upon the representations in this case, it was held that the infant was not liable.

Ruling Law. Story Case Answer

As a general rule, the Courts will not say that an infant loses his defense of infancy because he has told an untruth about his age. This would obviate the very protection which the law is giving to the infant. Certainly the infant cannot be estopped, that is, denied his protection, by the acts or admissions of other persons such as the misrepresentations of a father, guardian or friend. Some states, however, hold that when the other party has acted in good faith and the infant appeared of age and apparently of discretion to contract, and when the infant has expressly misrepresented his age, and the other party has relied thereon, the infant cannot avoid his contract. In these states, Stone, in the Story Case, would be liable on his contract. In most states, however, he could put in defense that he was an infant and Atchinson could not recover.