American Leading Cases: Being Select Decisions of American Courts, in Several Departments of Law; With Special Reference to Mercantile Law. With Notes

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Black.
515), alluded to this distinction in the following terms. After having corrected the generality of some expressions in Litt. s. 259, he added : " We have seen that some contracts of infants, even by deed, shall bind them ; some are merely void, namely, such as the court can pronounce to be their prejudice ; others, and the most numerous class, of a more uncertain nature as to benefit or prejudice, or voidable only; and it is in the election of the infant to afiirm them or not. In Roll. A
...bridg.
title Enfants (1 Roll. Abridg. 728), and in Com. Dig. under the same title, instances are put of the three different kinds, of good, void, and voidable contracts. Where the contract is by deed, and not apparently to the prejudice.of the infant, Comyns states it as a rule, that the infant cannot plead non est factum, but must plead his infancy. It is his deed ; but this is a mode of disaffirming it. He, indeed, states the rule gene- rally ; but I limit it to that case, in order to reconcile the doctrine of void and voidable contracts." A doctrine of the same sort was held by the court in Thompson v.


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