PARTIES (Lat. pars, a part). Those who take part in the performance of an act, as, making a contract, carrying on an action. A party in law may be said to be those united in interest in the performance of an act : it may then be composed of one or more per sons. Parties includes every party to an act. It is also used to denote all the indi vidual separate persons engaged in the act,— in which sense, however, a corporation rasy be a party.
2. To Contracts. Those persons who engage themselves to do or not to do the matters and things contained in an agree ment.
In general, all persons may be parties to contracts. But no person can contract with himself in a different capacity, as there must be an agreement of minds. 1 Vern. Ch. 465 : 2 Atk. Ch. 59 ; 9 Ves. Ch. 234 ; 12 id. 372 ; 13 id. 156 ; 2 Brown, Ch. 400 ; 1 Pet. C. C. 373 ; 3 Binn. Penn. 54 ,• 7 Watts, Penn. 387 ; 13 Serg. & R. Penn. 210 ; 9 Paige, Ch. N. Y. 238, 650 ; 3 Sandf. N. Y. 61 ; 2 trohns. Ch. N.
Y. 252 ; 4 How. 503. And no want, imma turity, or incapacity of mind, in the consider ation of the law, disables a person from be coming a party. Such disability may be entire or partial, and must be proved. 2 Stark. 326 ; 1 Esp. 353 ; 1 Term, 648 ; 11 Ad. & E. 634 ; 17 Law Journ. Exch. 233.
Aliens were under greater disabilities at common law with reference to real than to personal property. 7 Coke, 25 a ; 1 Ventr. 417 ; 6 Pet. 102 ; 11 Paige, Ch. N. Y. 292 ; 1 Cush. Mass. 531 ; 1 Parsons, Contr. 323. The disability is now removed, in a greater or less degree, by statutes in the various states, 2 Kent, Comm. Lect. 25 ; and alien friends stand on a very different footing from alien enemies.
2 Sandf. Ch. N. Y. 586 ; 11 Paige, Ch. N. Y. 292 ; 2 Woodb. & M. C. C. 1 ; 3 Stor. C. C. 458 ; 2 How. 65 ; 5 id. 103 ; 8 Cranch, 110 ; 3 Dall. Penn. 199.
3. Bankrupts and insolvents are disabled to contract, by various statutes, in England, ES well as by insolvent laws in tbe states of the United States.
Duress renders a contract voidable at the option of him on whom it was practised. See DultEss.
Excommunication can have no effect in the United States, as there is no national church recognized by the lavr.
Infants are generally incapable of contract ing before the age of twenty-one years. This provision is intended for their benefit ; and therefore most of their contracts are voidable, and not void. It is the infant's privilege at ma turity to elect whether to avoid or ratify the con tract he has made during minority. Though the infant is not bound, the adult with whom it may contract is so. The infant may always sue, but cannot be sued, Strange, 937,—which seems to be an exception to the mutuality of contracts. The infant cannot avoid his con tract for necessaries. 10 Vt. 225 ; 11 N. H. 51 ; 12 Mete. Mass. 559 ; 6 Mees. & W. Exch. 42 ; 1 Parsons, Contr. 245.
4. Harried women, at common law, were almost entirely disabled to contract, their personal existence, by feudal principles, being almost entirely merged in that of their hus bands, 2 J. J. Marsh. Ky. 82 : 23 Me. 305 ; 2 Chitty, Bail, 117 • 5 Exch. 388 : so that con tracts made by them before marriage may be taken advantage of and enforced by their husbands, but not by themselves. 13 Mass. 384 ; 17 Me. 29 ; 2 Dev. No. C. 360 ; 9 Cow. 230 ; 14 Conn. 99 ; 6 T. B. Monr. Ky. 257. The contract of a, feme covert is, then, generally void, unless she be the agent of her husband, in which case it is the husband's contract, and not hers. 15 East, 607 ; 6 Mod. 171 • 6 N.H. 124; 16 Vt. 390; 5 Binn. Penn. 285 ; '15 Conn. 347. See WIFE.
, Non-compotes mentis. At common law, formerly, in this class were included lunatics, insane persons, and idiots. It is understood now to include drunkards, 3 Day, Conn. 90 ; 4 Conn. 203 ; 2 N. H. 435 ; 15 Johns. N. Y. 503 ; 2 Harr. & J. Md. 421 ; 11 Pick. Mass. 304 ; 1 Rice, So. C. 56 ; 5 Munf. Va. 466 •, 3 Blackf. Ind. 51 ; 1 Green, N. J. 233 ; 1 Bibb, Ky. 168 ; 17 Miss. 94 ; 13 Mees. & W. Exch. 623 ; spendthrifts, 13 Pick. Mass. 206 ; 1 Par sons Contracts, 315 ; and seamen. Act of 1813' of U. S. ch. 2 ; 2 Sumn. C. C. 444 ; 2 • Mas. C. C. 541 ; 2 Dods. Adm. 504 ; 3 Kent, Comm. 193. See these titles.