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1 Ark. 276

Woodruff v. Logan

Supreme Court of Arkansas

Decided October 15, 1845

Supreme Court of Arkansas · decided 1845-10-15

Writ of error to the circuit court of Pulaslci county. This was an action of covenant, upon an indenture of apprenticeship, brought by Wm. E. Woodruff against John D. Logan, and determined in the circuit court of Pulaski county, at the Nov, term, 1843, before the Hon. J. J. Clendenin, judge.

Decided 1845-10-15

Oldham, J.,

¶1delivered the opinion of the court.

¶2The circuit court most unquestionably erred in sustaining the demurrer to- the plaintiff’s declaration, because it appeared upon the face of the declaration that the defendant was a minor at the time of the execution of the indenture sued upon.- The contract of an infant in binding himself an apprentice, being an act manifestly for his benefit, is binding in law; and when bound he cannot-dissolve the relation. 2 Kent’s Com. 241. If such a contract is binding, a right of action necessarily results to the injured party for a breach thereof: for it is difficult to concieve a binding contract, the breach of which will not give to the injured party a right of action. Reversed,-

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