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False Statement By Minor As To His Age

A fraudulent representation by a minor that he is of full age by which he indices another to contract with him will not estop the minor from setting up the plea of minority.

Where, for instance by such fraudulent representation, he obtains a loan ,he is not liable either in an action based upon fraudulent misrepresentation or in an action for money received.

The action in such cases is ,in substance, ex contractu. Where ,however ,the infant is still in possession of some property or fund which he obtained by fraud ,he will be compelled to restore it to the former owner.

But equity stops short of enforcing against him a contractual obligation entered in to when he was an infant even by means of fraud.

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