Hicks v. . Beam
Supreme Court of North Carolina
This was a civil action, tried on appeal from a Justice of the Peace at the Fall Term, 1892, of the Superior Court of Cleveland County, before Graven, J. The plaintiff complained in the .Justice’s Court that the defendant was indebted to him for work and labor done in the sum of $80. The defendant denied that he owed the plaintiff anything.
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This was a civil action, tried on appeal from a Justice of the Peace at the Fall Term, 1892, of the Superior Court of Cleveland County, before Graven, J. The plaintiff complained in the .Justice’s Court that the defendant was indebted to him for work and labor done in the sum of $80. The defendant denied that he owed the plaintiff anything. On the trial in the Superior Court the plaintiff was introduced as a witness in his own behalf, and under cross-examination swore that at the time he instituted this action lie was under twenty-one years of age and had attained his majority only a month or…
1Opinion of the Court
A vkky, J.:
The defendant having contracted to compensate the plaintiff for liis services, which were subsequently rendered, could not avoid the obligation to pay the debt by setting up the plea of plaintiff’s infancy. The right to avoid the contract on that account was a peculiar personal privilege of the infant. Brown’s Domestic Rel., p. 106; 10 Am. and Eng. Enc., 637. While the disability continued, therefore, the contract in this case was binding upon the defendant, though the infant was left at liberty to either affirm or repudiate it at his option, on arriving at full ago. Where,…
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