Wyatt v. . Morris
Supreme Court of North Carolina
This was an action of covenant upon an indenture, whereby the relator was, by an order of the County Court, bound apprentice to the defendant, until he, the relator, should arrive to the age of twenty-one years, and ■which the defendant covenanted,, among other things, teach him “ to read, write, and cypher, according to law.” The breach assigned was, that the defendant had wholly failed and neglected to teach the said relator to read and write.
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This was an action of covenant upon an indenture, whereby the relator was, by an order of the County Court, bound apprentice to the defendant, until he, the relator, should arrive to the age of twenty-one years, and ■which the defendant covenanted,, among other things, teach him “ to read, write, and cypher, according to law.” The breach assigned was, that the defendant had wholly failed and neglected to teach the said relator to read and write. Pleas, covenants performed; and covenants not broken. Upon the trial, at Perquimons, on the last Spring Circuit, before his Honor Judge Dick, the…
1Opinion of the Court
Daniel, Judge.
In the indenture of apprenticeship on which this action is brought, the defendant covenanted to teach the apprentice to “ read, write and cypher, according to law;” meaning thereby to bind himself to perform the duty required by the act of 1762, (Rev. ch. 69, sec. 19.) This act, among other things, requires, that the master or mistress “ shall teach, or cause him or her (the apprentice) to be taught to read and write.” The engagement to teach, or cause the apprentice to be taught to read and write, is not an engagement that the apprentice will, or shall learn to read and write.…
2Cited by3 opinions
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- Lavender v. Pritchard's AdministratorSuperior Court of North Carolina · 1805
- Rosseau v. . ThornberrySupreme Court of North Carolina · 1816