13 Wis. 185 | Wis. | 1860
By the Court,
Tbe privilege conferred by tbe common law upon infants is personal in its nature, and no one can take advantage of it but tbe infants themselves their personal representatives, executors, administrators and privies in blood. Hence, though their deeds or contracts are voidable as to themselves, they are binding upon persons of full age. Tbe lenity of tbe law toward them is intended for their exclusive benefit in protecting them from tbe frauds and deceptions which, owing to their weakness and inexperience, others of riper years might be enabled to practice upon them; and if' adults were permitted to avail themselves of it, it would, in many instances, become the means of direct injury instead of benefit to their rights and interests. Thus it would be in this case, if the position of the respondents is correct and the decision of the circuit court is sustained. They have availed themselves of the time and labor of the appellant, and without an intimation that he did not serve them faithfully and well, they seek to avoid payment of the price which was fairly stipulated and justly earned. Their ground of objection is, that at the time he contracted to work for them and entered into their employment, he was not in a situation to bind himself as to the prospective services which he has since performed to their entire satisfaction. It would be the extremity of oppression and injustice toward an enterprising and industrious youth, if he were now to be turned away unrequited, and the respondents allowed to reap the fruit of his labor without compensation or reward, simply because he has fairly and honestly performed a contract which in law imposed no duty or obligation upon him, and which he might have escaped or avoid
Tbe order of tbe circuit court must, therefore, be reversed, and the cause remanded .for further proceedings in accordance with tbis opinion.