566 LEGAL DEPARTMENT. 



Insanity and idiocy are not the same. An insane person is one whose 

 mind is diseased or deranged; an idiot is one who has no mind; and with 

 the above the law classifies the man, who by drunkenness, renders him- 

 self incapable of discharging the ordinary duties of life. 



By coverture, is meant marriage; the rule of the common law is that 

 a married woman cannot, during her marriage, make a binding contract; 

 but this has changed in nearly every State, giving to her either entire 

 or modified control over her own property. 



Consideration. This is the price or promise, or the cause which 

 moves the parties to enter into a contract. It may be expressed or 

 IMPLIED. A consideration that is distinctly stated in the contract, 

 whether oral or written, is said to be expressed. In all sealed instru- 

 ments and salable paper, the consideration is implied; as in promissory 

 notes and drafts, the words, 'value received,' imply, but do uot state 

 the consideration. 



Consideration is commonly called valuable, good, sufficient, le- 

 gal, INSUFFICIENT, etc. 



The money value of a consideration does not determine whether it is 

 SUFFICIENT, or not; a very slight consideration will support a contract 

 if it is what the law recognizes as valuable. 



A valuable consideration may be illustrated by the 'payment of 

 money, the delivery of property, the performance of work, making a 

 promise for a promise, etc. ' 



A GOOD consideration is one founded upon affection, relationship, 

 friendship, or gratitude. This will support a contract that has been 

 performed, and then only between the parties themselves, but will not 

 answer for an executory contract; that is, one to be performed in the 

 future. 



An insufficient consideration may be defined as one that is gratuitous, 

 illegal, immoral, or impossible. There are exceptions to this gratui- 

 tous consideration; for instance, in case of labor performed for a party 

 with his knowledge but not his expressed consent. Story and Town- 

 send both give this illustration: 'If you work for me, I knowing what 

 you are doing, and do not interfere or prevent you, it raises an 

 implied promise, on my part, to pay what your service are reasonablj' 

 worth, even though you may have commenced work without my 

 order'." 



Subject Matter. The subject matter of a contract is the thing to 

 be done, or omitted by one or both parties. There are certain contracts 



