on his or her part and of a refusal by the defendant, but such a request is, of course, unnecessary where the defendant has married someone else. An infant, that is a person under the age of twenty-one years, may sue for breach of promise of marriage but cannot be sued. The action may be brought where the defendant was married at the time of the promise if the plaintiff was unaware of the marriage.
It is a good defense to the action that the defendant was induced to enter into the agreement by misrepresentation or wilful suppression of the real circumstances of the plaintiff's family and previous life. Unchastity on the part of the female plaintiff before or after the making of the contract is a good defense, providing the defendant is not aware of the circumstances. In like manner a woman is justified in breaking off an engagement with a man who turns out to be of bad character and proof of this fact is good defense to an action by the man.
The fact that the plaintiff has been insane sometime previous to the agreement is not a good defense, but subsequent insanity of