A Treatise On the American Law of Vendor And Purchaser of Real Property
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485 ; Rex v. Broth- Donahue, 35 Conn. 316; Pate v. erton. Strange, 703; King v. Whit- Wright, 30 Ind. 476; Sayre v. nash, 7 B. & C. 596; Drury v. ]?e- Wheeler, 33 Iowa, 559; Holoomb v. fontaine, 1 Taunt. 136. In this case Donley, 51 Vt. 438 ; Stevens V. Wood, Lord Mansfield said: "It does not 137 Mass. 133; Ellis v. Hammond, 57 appear that the common law ever Ga. 179; Brimhall v. Van Campen, considered those contracts as void 8 Minn. 13. which .were made on Sunday," 2Horacek v. Keebler, 5 Neb. ...355; 166 OONTKACT OF SALE.
labor,^ nor is it in derogation of a statute which does not in terras prohibit business as well as labor.- But although contracts made upon Sunday may be illegal in the sense that no action based upon such contracts can be maintained either to enforce their obligations or to secure their fruits, they are not altogether inoperative. After they have been executed by the parties the same principle of public policy which leads courts to refuse to act when called upon to enforce them will prevent the court from acting to relieve either party from the consequences of the transaction, the pur- posCj however, not being to validate the contract, but to de- prive all the parties, they being in pari delicto, of all rights either of enforcement or relief.' It is further a general rule of law that void contracts are not susceptible of ratification ; but it has been held in numerous instances that contracts not otherwise obnoxious, but void only because made or executed on Sunday, form an exception to this general rule, and may be rendered valid and effective by subsequent ratification.* Again, a deed takes effect only from the time of its delivery, and in many respects the same rule is applicable to contracts and agreements which precede con- veyance.
What to read after A Treatise On the American Law of Vendor And Purchaser of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Warvelle, George William, 1852-1940 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
485 ; Rex v. Broth- Donahue, 35 Conn. 316; Pate v. erton. Strange, 703; King v. Whit- Wright, 30 Ind. 476; Sayre v. nash, 7 B. & C. 596; Drury v. ]?e- Wheeler, 33 Iowa, 559; Holoomb v. fontaine, 1 Taunt. 136. In this case Donley, 51 Vt. 438 ; Stevens V. Wood, Lord Mansfield said: "It does not 137 Mass. 133; Ellis v. Hammond, 57 appear that the common law ever Ga. 179; Brimhall v. Van Campen, considered those contracts as void 8 Minn. 13. which .were made on Sunday," 2Horacek v. Keebler, 5 Neb. ...355; 166 OONTKACT OF SALE.
labor,^ nor is it in derogation of a statute which does not in terras prohibit business as well as labor.- But although contracts made upon Sunday may be illegal in the sense that no action based upon such contracts can be maintained either to enforce their obligations or to secure their fruits, they are not altogether inoperative. After they have been executed by the parties the same principle of public policy which leads courts to refuse to act when called upon to enforce them will prevent the court from acting to relieve either party from the consequences of the transaction, the pur- posCj however, not being to validate the contract, but to de- prive all the parties, they being in pari delicto, of all rights either of enforcement or relief.' It is further a general rule of law that void contracts are not susceptible of ratification ; but it has been held in numerous instances that contracts not otherwise obnoxious, but void only because made or executed on Sunday, form an exception to this general rule, and may be rendered valid and effective by subsequent ratification.* Again, a deed takes effect only from the time of its delivery, and in many respects the same rule is applicable to contracts and agreements which precede con- veyance.
What to read after A Treatise On the American Law of Vendor And Purchaser of Real Property?
You can find similar books in the "Read Also" column, or choose other free books by Warvelle, George William, 1852-1940 to read onlineMoreLess
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