The Law of Contracts

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Moreland, 1 Am. L- C— B.
An infant cannot rescind a contract, and bring an action to recover the value of the property parted with, without restoring to the other party the value with which he parted: Bailey v. Bamberger, 11 B. Mon. 113; Womack u.
Womack, 8 Tex. 397. In a suit by an infant for the consideration of a con- tract avoided by him he must show a return of the property sold to him, if it remains in his possession. But its entire consumption or great deterioration by him is no defence
...to the action : Price v. Furman, 27 Vt. 268 ; Manning v.
Johnson, 26 Ala. 446; Craighead v. Wells, 21 Mo. 404; Burn's v. Hill, 19 Ga.
22 ; Aldrich v. Abrahams, Hill & Den. 423 ; Tipton v. Tipton, 3 Jones, 552 ; Pitcher v. Laycock, 7 Ind. 398 ; Wilhelm v. Hardman, 13 Md. 140 ; Kilgore v.
Jordan, 17 Tex. 341 ; Mustard v. Wohlford, 15 Gratt. 329 ; Locke v. Smith, 41 N. H. 346; Pursley v. Hays, 17 Iowa, 311.— s.
350 LECT. VIII.] MAREIED WOMEN. 328 Now a contract by or "with a married woman is one of two sorts : it is either a contract which she entered into before her marriage, and which continued in exist- ence afterwards ; or it is a contract which she entered into subsequently to her marriage.


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