This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
(4) Other statutes confer upon a married woman the power of contracting as if she were unmarried,1 subject in some cases to limitations which will be hereafter discussed. Under some statutes her power to contract is said to be the same as that of her husband.2 Unless the case falls within one of the exceptions her power to contract is the same as if she were unmarried.3 Under such statutes a married woman is liable personally on her contracts.4 So she may be estopped by a covenant of warranty from denying that the deed was given on valuable consideration.5 Under such statutes a married woman may convey her legal title to land acquired since the statute was passed without her husband's joining in the deed.6 She is personally liable on her covenants of warranty.7 But in Iowa her joining in a covenant in a deed conveying her husband's realty does not bind her unless she expressly so states.8 Her liability is not to be extended beyond her contract, however. Thus she is not liable on the covenants of her husband's deed in which she joins to release dower or homestead rights,9 nor does such deed convey an undivided interest in the property therein described, owned by her.10 As the progress of legislation is toward states of this class, a detailed discussion of the other classes of statutes is of less importance.
7 McDonald v. Rozen, - Ida. -; 69 Pac. 125.
1 Barlow Brothers Co. v. Parsons, 73 Conn. 696; 49 Atl. 205.
1 Village of Western Springs v. Collins, 98 Fed. (111.) 933; 40 C. C. A. 33; Stacy v. Walter, 125 Ala. 291; 28 So. 89; Rose v. Otis, 18 Colo. 59; 31 Pac. 493; Goodrich v. Association. 96 Ga. 803; 22 S. E. 585; Pease v. Furniture Co., 176 111. 220; 52 N. E. 932; affirming 70 111. App. 138; Snell v. Snell, 123 111. 403; 5 Am. St. Rep. 526; 14 N. E. 684; Crum v. Sawyer, 132 111. 443; 24 N. E. 956; Koh-i-noor Laundry Co. v. Loekwood, 141 Ind. 140; 40 N. E. 677; Young v. Mc-Fadden, 125 Ind. 254; 25 N. E. 2S4; Security Bank v. Holmes, 68
Minn. 538; 71 N. W. 699; Wyatt v. Wyatt, 81 Miss. 219; 32 So. 317; McHenry v. Batavia, etc., Co., 17 Ohio C. C. 206; Hackman v. Cedar, 5 Ohio C. D. 293; Cooney v. Lincoln, 20 R. I. 183; 37 Atl. 1031; Ex parte Nurnberger, 40 S. C. 334; sub nomine, Nurnberger v. Ludekins, 18 S. E. 935; Valentine v. Bell, 66 Vt. 280; 29 Atl. 251; Brookman v. Insurance Co. 18 Wash. 308; 51 Pac. 395.
2 First, etc., Bank v. Leonard, 36 Or. 390; 59 Pac. 873.
3 Hackettstown, etc., Bank v. Ming, 52 N. J. Eq. 156; 27 Atl. 920.
4 McHenry v. Batavia, etc., Co., 17 Ohio C. C. 206; First, etc., Bank v. Leonard, 36 Or. 390; 59 Pac. 873.