Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-08-29
Decision OF the Supreme Ceurt

JUDaEs-SAM MrLLraAs JAMES G. SHAcxx1yonn
AND ALVIN HAWKINS.
THOMAS q. CALDWELL, Attorney General and Re-
porter.
JOHN G. ABERNATHY in error, vs.. JOHN BLACK
vas an action of debt brought before Justice Of
ssee OF Giles county, founded upon be following nstru
"sl5eBy the 18th day of December next. promise to
pay John Black the sum Of hundred hy dollars
suits bsnie. and hat and sSo ps ho
the e two .ss @
TO lose tor value received J1DqaSy ist Use
Endorsed the back instrument the folIo,n
appears For clothing slave bla5ks, and hat 81 s. For
the trial before the Justice there Judgment for A.,
defendant in error S s % with and appeal By
defendant in dismissed his appeal caus o
There was verdict judgment defendant in
SIG of suit for which appeal prosecuted
The proof shows time after the slave had b =
of the plaintiff in error he of and returned
his master The plaintiff in went after him ana
may demanded return. The defendant error told hi;
& would ssrs Se Ss eR de would
sultaon with his wife, the defendant positively refused 70 al
Under this state Of facts the Circuit Judge among h
things excepted charged the jury "that the nsrr
plaintiff detained him. still he could Of the a.
what the value Of the services Of the negro
abored the defendant and the value Of the services
into consideration the time the negro left and the
isnee to defendant in leaving him at that time"
sp Cur And we think Is no T TSsI
of the common law that when party agrees by sna
contract perform certain thing for stipulated con
satou without ayerng and proving r.
he has complied with the contract; or
he must assign sufficient cause for doing a.
decisions however, have far relaxed the rule Of the
mon law az to Justify party in abandoning special
and suing quaHn Eaeriea count But in this class ~
cases an examination of the authorities will fully sbo ~
the plaintiff only to the the bens6,
ferred upon other party by the materials
~ of the plaintiff which have been retained or used
torrance of contract Stump and Cox vs. Estl Pcs n
IT'S: Elliott Wilkinson Yer. I'll Potter vs. w.
Y i Stacker & Co. Hum, %.
But this rule as it distinctly settled in the
Hughes vs. Cannon Sneed 62 does extend 10
for personal service In that the saw with
ceden that the plaintiff has performed the service, 49,
upon or good sufficient reason for his failure 10 10 20
The principle is fully recognized case of IoD
Vs. Jones' Swan606 which the That ~ ~
plaintiff voluntarily abandon defendants service Iith
ufcieut cause and against his will he not be snt,,.
to recover for the labor he had actually performed"
Applying rule the before the court e,a
the jury The defendan
distinctly and positively refused the return
slave without sufficient valid reason for doing
fact that plaintiff in declined to give promise
returned he would not whip him, constituted
good for violating his contract.
slavery moderate chastsement Of the
hired was rather incident contract of hiring than
erwise be relied valid for the
| performance of the contract:
l The obligation of a contract is inevitable. 1t cannot
broken mpunty interest of the party entering
solemn engagement, and the welfare Of society
| nands its faithful observance.
The Judgment is reversed, and new trial AWARDED.
MlLLlGAS, JUICE.
Attest: J. G. FRAZER, Clerk.