Legal Opinion

Vanmeter v. Spurrier

Court of Appeals of Kentucky

Decided February 4, 1893PublishedCited by 15 opinions

Cask 4 — PETITION ORDINARY — 1. 'Where a statute pronounces a penalty for an act, a contract founded on such act is void, although the statute does not pronounce it void, or in express words prohibit it. (5 Lawson on Rights, &c., sec. 2393; 1 Parsons on Contracts, 456; Collins v. Merrell, 2 Met., 164; Vannoy v. Patton, 5 B. M., 248; Creekmore v. Chitwood, 7 Busb, 318; Slade v. Arnold, 14 B. M., 287; Murphy v.- Thompson, 14 B. M., 419; Franklin Ins.

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Cask 4 — PETITION ORDINARY — 1. 'Where a statute pronounces a penalty for an act, a contract founded on such act is void, although the statute does not pronounce it void, or in express words prohibit it. (5 Lawson on Rights, &c., sec. 2393; 1 Parsons on Contracts, 456; Collins v. Merrell, 2 Met., 164; Vannoy v. Patton, 5 B. M., 248; Creekmore v. Chitwood, 7 Busb, 318; Slade v. Arnold, 14 B. M., 287; Murphy v.- Thompson, 14 B. M., 419; Franklin Ins. Co. v. L. & A. Packet Co., 9 Bush, 590; Woods v. Armstrong, 54 Ala., 150; s. c., 25 Am. Rep, 671; Cove Guano Co. v. Dowling, 85 Ala. 142; Johnson…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

Appellees Spurrier & Bading, assignees, brought this action on a note given October, 1888, to the Thompson & Edwards Fertilizer Company, by appellants, Vanmeter and others, the consideration being commercial fertilizer, sold and delivered in sacks to the purchasers. Two distinct grounds of defense are stated in the answer, which is also made a counter-claim:

1. That plaintiffs represented the commodity to be valuable and good for wheat, but that it turned out to be, after being properly applied, and was, in fact, worthless as a commercial…

2Cases cited2 opinions

  1. Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
  2. Niemeyer v. WrightSupreme Court of Virginia · 1881

3Cited by15 opinions

  1. Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
  2. Hunt v. SmithCourt of Appeals of Kentucky · 1921
  3. Fruin-Colnon Contracting Co. v. ChattersonCourt of Appeals of Kentucky · 1912
  4. Maurer v. Greening Nursery Co.Michigan Supreme Court · 1917
  5. Ches. & Ohio Ry. Co. v. Maysville Brick Co.Court of Appeals of Kentucky · 1909

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