Argument of Robert J Walker Esq Before the Supreme Court of the United States

Cover Argument of Robert J Walker Esq Before the Supreme Court of the United States
Argument of Robert J Walker Esq Before the Supreme Court of the United States
Robert J Robert John Walker
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He argued the impossibility of compliance with the statute, '"as bricks made in the same nicnild, shrunk very dif- ferently in the burning, " and that the "honest intention of the brickniaker was not to be doubted in the present case;" and that the defendant having " himself select- ed" and used the bricks, could not make the objection. Lord Ellenborough said : " The first section of this statute absolutely forbids such bricks to be made for sale. Therefore, the plaintiff in making the bricks i...n qaestion, was guilty of an absolute breach of the law ; and he shall not be permitted to maintain an action /or their value. " On re-argument, the court adhered to its decision, declaring " that the best way to enforce an observance of the statute, was to prevent the violation of it from being profitable. " There, the offence was the making the bricks for sale, not the sale ; and the offence was complete when the bricks were thus made, and the sub- sequent sale, just as distinct a transaction as in this case.

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