Volentine v. Bladen

Decided November 15, 1823

Supreme Court of South Carolina · decided 1823-11-15

This was an action of assumpsit, brought by the plaintiff against the defendant, founded on a written contract, whereby the plaintiff agreed to put her son, Wiley, to work with the defendant for one year: “ That the said Wiley was to work as a constant hand in the field, according to the directions of the defendant, and receive one-third of the cotton and one-fourth of the grain, &c. for his services.” The plaintiff proved that lier son, Wiley, worked with the defendant from…

Decided 1823-11-15

¶1The opinion of the Court r was delivered by

Mr. Justice Gantt.

¶2The plaintiff in this case hired her son (a boy under age) to foe defendant for one year. 0y remained from January until June, when for some cause foe hoy left foe service'of foe defendant.

¶3This action was brought by the mother, to recover foe value of her son’s services for the time he remained-

¶4 *10I see nothing in the contract which tends to impair the Correctness of- the construction given tu it by the' presiding Judge. _. The contract was made with the mother and for her benefit; consequently she might rightfully and legally recover the wages secured to he paid by the contract, which the defendant had entered into with her.

¶5The nonsuit moved for, is refused.. —

Richardson, Johnson, Colcock, Justices concurred.