
    CONSTITUTIONAL COURT, COLUMBIA,
    APRIL, 1806.
    Frazier v. Rowan.
    Infancy may be given in evidence to defeat an action brought to recover damages for the breach of an agreement to serve the plaintiff in quality of an apprentice.
    Motion for a new trial. Assumpsit on an agreement made with defendant when under age, to serve plaintiff as an apprentice. Defendant gave infancy in evidence, on the general, on the trial, in Richland district, before Grimke, J. The judge directed the jury to disregard this ground of defence. Verdict for plaintiff.
    Egan, for the motion.
    Clifton, on the other side,
    cited 3 Burr. 1319, 1719, 1801. 2 Str. 939. 1 Str. 690. An infant may bind him tor necessaries, so to learn a useful trade, for his benefit.
   By the court,

(Waties, Bay, Trezevant, Brevard, and Wilds Justices.)

An infant may be bound to serve as an apprentice, by indenture, according to the directions of an act of the year 1740, P. L. 176. The agreement on which this action is founded is not pursuant to the act, and, therefore, cannot support any right to the services of the infant. It is a voidable agreement, and the de. fendant, after coming of age, chooses to avoid it.

New trial granted.  