It is everywhere the rule of the common law that a promise by an adult to fulfil an obligation entered into during infancy makes the obligation binding, or (as perhaps the matter should more accurately be stated) deprives him of his privilege to avoid the transaction.40 In England, by Lord Tenterden's Act4l the ratification of the infant in order to be binding was required to be in writing. This statute has been copied in several American States.42 By a later English statute43 all contracts for the repayment of money lent or for goods sold other than necessaries, and all accounts stated with infants were made absolutely void and incapable of ratification.44 So drastic a statute as this, has not been enacted in any of the United States.

38 See further as to Sunday contracts, infra, Sec.Sec. 1700 el seq.

39Barnes v. Hedley, 2 Taunt. 184; Flight p. Reed, 1 H. ft C. 703; Garvin v. Linton, 62 Ark. 370, 35 8. W. 430, 37 S. W. 669; Kilboum v. Bradley, 3 Day, 356, 3 Am. Dec. 273; Houser v. Planters' Bank, 67 Ga. 05; Sanford v. Runs, 9 Idaho, 29, 71 Pac. 612; Kass-ing v. Ordway, 100 Iowa, 611,69 N. W. 1013; Vermeule v. Vermeule, 95 Me. 138, 49 Atl. 608; Peters Shoe Co. v. Arnold, 82 Mo. App. 1; Early v. Mahon, 19 Johns. 147,10 Am. Dec. 204; Hammond v. Hopping, 13 Wend. 505; Sheldon v. Haxtun, 91 N. Y. 124, and see cases cited infra, Sec. 1683. Cf. Austin v. Burgess, 36 Wis. 186.

40 Edmond's Case, 3 Leon. 164, a. c. Godb. 138; Keane v. Boycott, 2 H. Bl. 511; Allen v. Allen, 2 Dr. 4 W. 307; Edwards v. Carter, [1893] A. C. 360; In re Huntenberg, 153 Fed. 768; Walker v. Arkansas Nat. Bank, 256 Fed. 1, 5 (C. C. A.); Flexner v. Dickenson, 72 Ala. 318; Vaughan v. Parr, 20 Ark. 600; Wall v. Mines, 130 Cal. 27.

62 Pac. 388; Fetrow v. Wiseman, 40 Ind. 148; Ward v. Ward, 143 Ky. 91, 136 S. W. 137; Monumental Bldg. Assoc. No. 2 d. Herman, 33 Md. 128; Owen v. Long, 112 Mass. 403; Edmunds v. Mister, 58 Miss. 765; High-ley p. Barron, 49 Mo. 103; New Hampshire Mut. F. Ins. Co. v. Noyes, 32 N. H. 345; Hamer v. Dipple, 31 Oh. St. 72, 27 Am. Rep. 496; State v. Sat-terwhite, 20 S. C. 536; Means v. Robinson, 7 Tex. 502; Person v. Chase, 37 Vt. 647, 88 Am. Dec. 630; Stokes v. Brown, 3 Pinn. 311. See also infra, Sec.239.

419 George IV, Ch. 14, Sec. 5 (1828).

42 Arkansas, Kentucky, Maine, Mississippi, Missouri, New Jersey, South Carolina, Virginia, and West Virginia. See Stem v. Freeman, 4 Mete. (Ky.) 309; Lamkin v. LeDoux, 101 Me. 581, 64 Atl. 1048.

43 The Infant's Relief Act of 1874. See Fellows v. Wood, 59 L. T. (N. S.) 513; Nottingham Bldg. Soc. v. Thurs-tan, [1903] A. C. 6.