"In the case of an infant it was held, for a similar reason, that he could not be made liable for a fraudulent representation that he was of full age, whereby the plaintiff was induced to contract with him (Johnson v. Pye, 1 Sid. 258; 1 Keb. 913); and according to the latter report, it was said, that if the action should be maintainable, ' all the pleas of infancy would be taken away, for such affirmations are in every contract.' " See farther, as to the ground of allowing the defence, Merriam v. Cunningham, 11 Cush. 40.