Infancy at common law embraces twenty years, sec 29.

When last year of infancy expires, sec 30.

Contracts of infants voidable, sec 31.

Other contracting party bound, sec 32.

Only infant can set up privilege, sec 33.

Avoidance may be during minority, sec 34.

Infant may hold property and pass title, sec 35.

Doubts whether prejudicial engagements are void or voidable, sec 30.

Negotiable paper voidable, sec 37.

And so of sealed instruments, sec 38.

Contracts of agency not necessarily void, sec 39.

Nor partnerships, sec 40.

Nor suretyship, sec 41.

Nor contracts for labor, sec 42.

By statute all contracts of infants may be void, sec 43.

At common law question is one of notice, sec 44.

Infant's lease and other deeds are voidable, and may be avoided by subsequent deed, sec 45.

Disaffirmance of part is disaffirmance of whole, sec 46.

Compensation not required for what has been wasted in infancy, sec 47.

But cannot inequitably recover back, sec 48.

Other party can reclaim or rescind contract, sec 48 a.

If taking benefits, must bear burden, sec 49.

Distinction between executory and executed contracts, sec 50.

Infant's disaffirmance of executory contract relieves other party, though it may subject him to a quantum meruit, sec 51.

Infant cannot be made liable on contract declared in tort, sec 52.

Otherwise as to actions not based on contract, sec 53.

Infant compellable in equity to restore things fraudulently obtained, sec 54.

Privies may disaffirm contract, sec 55.

For ratification full age is necessary, sec 56.

Knowledge of law is not necessary, sec 57.

Ratification to be inferred from facts: continued enjoyment of profits, sec 58.

So of continuance in possession, sec 59.

Silence by vendor may amount to estoppel, sec 60.

Vendor's second deed may disaffirm first, sec 61.

Conditional ratification may be complied with, sec 62.

Executory contract, when resisted, must be shown to have been ratified, sec 63.

Infant liable for necessaries, sec 64.

But only for value received, and not on account stated or note, sec 65.

Rules as to negotiable paper, sec 66.

Articles of trade not necessaries, sec 67.

Otherwise as to educational or other services, sec 68.

Necessaries conditioned on station, sec 69.

Infant must be without home support, sec 70.

Services rendered in preserving infant's property not necessaries, sec 71.

Money lent not necessaries, sec 72. Contracts of marriage, sec 73. Infant may be estopped, sec 74.

Sec 29

By the English common law, a person under twenty-one years of age is incapable of binding himself absolutely and irrevocably by contract. This limitation is not based on mental incapacity. There are some infants under twenty-one far more capable of making intelligent and beneficial contracts than are many persons over twenty-one, just as there are many married women who are more capable of business than many unmarried women. The reason for the limitation is the importance of protecting children from improvident engagements. In order to enable this to be done effectively, some arbitrary limit must be assigned and held to inexorably. Under the English common law this limit is the close of the twentieth year.1 sec 30. So far as concerns testamentary capacity, a person is of age on the day before that which is the twenty-first anniversary of his birth.2 "The same rule," says Mr. Metcalf,3 "would doubtless be applied against defendant, who should attempt to avoid, on the ground of infancy, a contract made by him on the day before the twenty-first anniversary of his birth."4 And the right to exercise the electoral franchise begins the day before majority.5