
    NEW LONDON COUNTY,
    MARCH TERM, A. D. 1791.
    Brown v. Dunham
    A minor not liable for a fraud in-a contract, who is incapable of making one.
    Error to reverse a judgment of a justice in an action of the case for a fraud, in the sale of a horse, brought by Dunham against Brown.
    Plea in bar — That> said sale on the 16th of March A. D. 1790 at which time the defendant was a minor under the age of twenty-one years, and under the care of his father.
    
      Plaintiff replied — That-the defendant had the appearance-of a man of full age and was allowed by his father to- trade. Demurrer. J udgment — That the plaintiff’s reply is sufficient.
    Error assigned —■ That the plaintiff’s reply is insufficient and ought to have been so- adjudged.
   Judgment — Manifest error. The defendant being a minor under the care of his parent, was incapable of making a contract, except for necessaries, therefore could not be guilty of a fraud in contracting.  