George Sutherland

“ How far the equitable maxim, that he who seeks equity must do equity, applies generally in suits brought for relief because of infancy, we need not inquire; nor do we need here to go as far as the authorities just cited. The maxim applies, at least, where there has been, as there was here, actual fraud on the part of the infant. ”

“ It has been held that, where an infant, after coming of age, seeks the aid of a court of equity to avoid a contract, under which he has received property, and restore to him the possession of obligations with which he has parted, he will be required, wholly irrespective of his own good faith in the transaction, to do equity, which may extend to compelling him to make full satisfaction for the deterioration of the property due to his use or abuse of it. ”

“ The effect of an affirmative defense such as we have here was neither involved nor considered. Whether an infant, who fraudulently misrepresents his age and thereby induces the making of a contract, can, when he brings a suit in equity in respect of the matter, be compelled to do equity, is a question not concluded by that decision. ”