Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-13
SUPREME COURT OPINION.


THOMAS x coLDlFKIL, ATTORNEY GENERAL AND REreR1ER
J. L. LOWRY AND WIFE vs. sAFF coFFMAs.
This bin fled in the chancery Court at JOnsssoro
The facts necessary to understand the principles involved
substantially IS follows Nancy Lowry the wife Of the
Planan Is the neither Of an Legitimate child at the tim
h day Of May 1890 she entered into eontrao with the de
years age 70 learn tho timers trade By Ia
terms Of the contract the boy obey all lawful
mands and bis duty an apprentice The defendants
agreed TO furnish him with board and suitable clothing
schooling and suit Of clothes worth thirty aos
The bond was duly signed By the defendants and Eane
an entered the service and ffhfuly drharTed hi
duties for twelve months At the expiration Of that tim,
ed to enforce specific performance Of the contract or
recover damages for the breach, &C., Dc;
sisted demurrer and assigned that the ssid
which, according TO the showing OF complainant
void deed, and If they have remedy it is pIaL
In their answer they admit contract that the
ant feme covert when It was made that the boy enter
ed into their service and remained with them twelve months
but in consequence Of the civil the ports of the South
closed and they were unable to procure materials
him The Chancellor dsaliowed the demurrer and directed
an account to be taken Of the services boy
the hsd sustained by
Of the covenant reving the question Of the Liability
1t was taken pursuance of the decree From the report
based upon the testimony appears the services Of the boy
year apprenticeship The Chancellor dismissed the
The first question presented ariss on the demurrer
braeed in To determne this question IL becomes
nscesialy 70 S several sections ~ tbs cS rti ~
R he provisions Of scclioa 4ss The defendant may iucor
porate all matters Of defence his answer and hs
Ell to plead specially in any except the jurisdc-
ton the Court By section 1919 Of the Code he Is
ausd 10 deur except for Of Jurisdiction of the sub
st matter or the person, but may have all benefits Of
demurrer by relying thereon IN his answer.
By section $751; ihe fling Of the Of
lection the jurisdiction Of the Court and the shall
determined on its merits though legal cogn
R bas several sections where the defendants seek 10
raise the objection the Jurisdiction of the Court
ject of the person. be must plead specially file
his he elects TO answer reserying the benefits
demurrer it wayeT CT the Jurisdiction and the Court
take jurisdiction though the subject matter be cogn
zance.
az law defendants having elected answer the Court
acquired Jurisdiction and compelled adjudcste the
right Of parties follows therefore there was ne error in
It appears from the record complainant Nancy was
at the execution of the contract feme the suit
prosecuted by her and her husband control Of
the boy the time he apprenced he party
Bv the terms of contract he was to serve until be was
twenO1e years Of age eP9h the execution Of the contract
his duty with fidelity for twelve months, when he dis
missed without the part Of complainant the boy
The boy having arrived at the age Of twenyone years
when the Of the Chancellor pronounced in this
spscc execution Of the contract could not be en-
forced But the companant having contract
10 receive the boy into their possession
m ana sobooUs and suit ocohes WORTH thirty dollars
responsible for the nOnperOrmapce of the contract
BILE of binding herself does net follow that the contract
illegal void married woman during coveture cannot
render herself personally responsible yet If contract Be
made with her upon good consderaton the husband may
it, making oplantG In the suit Story contracts,
section 92 This principle vas settled by the case Of Caron
VS.. Warren and More, ColdWen, S5s, in the
Of deed entered by Wits name the
part and the plaintiff Of the otnsr part covenants entered
husband though the into with her by the
other party the deed be enforced against him by the
joint action Of the husband and wife,
follows therefore upon authority though Mrs Lowry at
the of the covenant, married woman, the
ing on them and shs with her husband, maintain the
action the nonPerfoEancs Of the covenants It in
closing ports Of the Southern States by the Government
they wero unable to obtain the Necessary material and sup
from the performance Of their covenant
contract unes. it be both possible and legal in its
party by his contract sduy OF charge upon him
any contingency, ought have provided against
it. II therefore he contract to perform anything which
wards it be:ome an impossby be is liable the damages
resulting from the nonperOrmance Sneed $751; The rule
not arise from the CONTRACT if Il be rendered Impossible az
forwards by the act Of God or the he will be ex
cused from the performance Storyon Contracts
ton 875 authorities cited gPon the execution Of the
contract in this the son Of The complainant Mrs Low
prentice and served them with idey for twelve MONTHS
and they having discharged him without cause they are not
OF the Government in closing the ports Of
the Southern States and Justification of them in dis
charging the apprentice.
The both possible nd legal in Its nature and
for the performances of theyare liable In damages
We think The decree the ChaIeor not sufficiently
comprehene The rule Of law where party enters in
to contract personal services and having performed
mart without the consent default of the other party vol
UNFAIRLY absudons the contract e cannot maintain
ton implied assunpst work and labor performed
So on the other hand if he discharged from service,
without sufficient BY the PARTY in whose employment
w entitled to recoYh not only for the
labor actually performed mt TO the full extent spu
lated In the contract" Sneed e., Coldwell 623.
Ioows therefore the defendants having entered into the
with Mrs Lowry and hang received her
their service and at tie period Of twelve months
discharged him without reasonable have violated their
covenant in teaching him the az and mystery Of the tin
trade and in not giving him ae schooling and suitable
clothing stipulated in the covenant and liable in DANA
GEES The decree of the chancellor viii be reversed and de-
will beenered in conformity With principles settled IN
this opinion The will be rnanded the proper
counts will be taken TO ascertain thdamages, &c.
true copy: sHAOkLEFORD,
Test: Judge.
NJ. l.. PATTERSON, Clerk