Same - Liability For Necessaries

95. An infant is liable for the reasonable value of necessaries furnished him.

96. What are necessaries will depend upon the particular circumstances. The term includes whatever is reasonably needed for his subsistence, health, comfort, or education, taking into consideration his age, state, and condition in life. The following rules may be stated:

(a) The things furnished must concern his person, and not his estate.

(b) He is not liable for money borrowed, and expended for necessaries, unless the lender, sees that it is so expended.

(c) An infant is liable for necessaries furnished his wife, and, in some jurisdictions, his children. .

(d) Persons supplying an infant act at their peril, and cannot recover if the actual circumstances were such that the things furnished were not necessaries.

97. The liability of an infant for necessaries is not contractual, but quasi contractual, and his express contract for necessaries is voidable; but in some jurisdictions a recovery to the extent of their reasonable value is allowed in an action upon the express contract.

Among the contracts which are manifestly for the benefit of an infant, and hence binding, it is frequently said are his contracts for necessaries.71 The obligation of an infant to pay for necessaries furnished to him is, however, quasi contractual, rather than contractual. This is shown by the rule that, while he is liable for necessaries actually furnished, he is not liable on an executory contract for necessaries,72 and by the further fact that he is liable to pay, not the price, but the reasonable value, of the necessaries.78

70 Whitney v. Dutch, 14 Mass. 457, 7 Am. Dec. 229; Welch v. Welch, 103 Mass. 562; Moley v. Brine, 120 Mass. 324; Fairbanks v. Snow, 145 Mass. 153, 13 N. E. 59G, 1 Am. St. Rep. 446, per Holmes, J.; Hardy v. Waters, 38 Me. 450; Towle v. Dresser, 73 Me. 252; Patterson v. Lippincoit, 47'N. J. Law, 457, 1 Atl. 506, 54 Am. Rep. 178; Hastings v. Dollarhide, 24 Cal. 195; Coursolle v. Weyerhauser, 69 Minn. 328, 72 N. W. 697. See Tiffany, Ag. 94. See "Infants," Dec. Dig. (Key-No.) § 57; Cent. Dig. § 131.

71McConnell v. McConnell, 75 N. H. 385, 74 Atl. 875. And see post, p. 199. Bee "Infants," Dec. Dig. (Key-No.) § 50; Cent. Dig. §§ 114,-127.