AFFIRMANCE. The confirmation of a voidable act by the party acting, who is to be bound thereby.
The term is in acouraoy to be distinguished from ratification, which is a recognition of the validity or binding force as against the party ratifying of some act performed by another person, and from confirmation, which would seem to apply more pro perly to cases where a donbtful authority has been exercised by another in behalf of the person rati fying; but these distinctions are not generally ob served with much care. 1 Parsons, Contr. 243.
Express affirmance takes place where the party declares his determination of fulfilling the contract. Dudl. Ga. 203.
A mere acknowledgment that the debt existed, or that the contract was made, is not an affirm ance, 10 N. II. 561; 2 Esp. 628; 1 Bail. So. C. 28; 9 Conn. 330; 2 Hawks. Tenn. 535; 1 Pick. Mass.
203; Dudl. Ga. 203; but it must be a direct and express confirmation, and substantially (though it need not be in form) a promise to pay the debt or fullil the contract. 3 Wend. N. Y. 479; 4 Day, Conn. 57; 12 Conn. 550; 8 N. H. 374; 2 Hill, N. Y. 120; 19 Wend. N. Y. 301; 1 Parsons, Contr. 243; Bingham, Inf., 1st Am. ed. 69.
Implied affirmance arises from the acts of the party without any express declaration. 15 Mass. 220. See 10 N. H. 194 ; 11 Serg. & R. Penn. 305; 1 Parsons, Contr. 243; 1 Sharswood, Blackst. Comm. :166, n. 10.
In the English Court of Exchequer, is a day ap pointed by the judges of the common pleas, and barons of the exchequer, to be held a few days after the beginning of every term for the general affirmance or reversal of judgments. 2 Tidd, Pract. 1091.