Vanmeter v. Spurrier
Court of Appeals of Kentucky
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
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Niemeyer v. WrightSupreme Court of Virginia · 1881
3Cited by15 opinions
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- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Fruin-Colnon Contracting Co. v. ChattersonCourt of Appeals of Kentucky · 1912
- Maurer v. Greening Nursery Co.Michigan Supreme Court · 1917
- Ches. & Ohio Ry. Co. v. Maysville Brick Co.Court of Appeals of Kentucky · 1909
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