A is excused for the non-performance of the contract if it is caused by such neglect or refusal.

Claim for necessaries supplied to person incapable of contracting or on his account Claim for necessaries supplied to person incapable of contracting or on his account.-If a person, incapable of entering into a contract, or any one whom he is legally bound to support is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.

Illustrations.

1. (a) A supplies a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property.
2. (b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life.