Hunter v. Nolf
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: No. 178, to January Term 1871. This suit was in assumpsit, and was brought March 28th 1868, by Charles Nolf against Joseph Hunter.
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Error to the Court of Common Pleas of Lehigh county: No. 178, to January Term 1871. This suit was in assumpsit, and was brought March 28th 1868, by Charles Nolf against Joseph Hunter. Prior to October 1st 1866, the plaintiff and defendant, being applicants for the office of assistant assessor under the United States revenue laws for a division in the Sixth Collection District of Pennsylvania, it was agreed between them that the plaintiff should withdraw his application, and if the defendant should receive the appointment, they should perform the duties jointly and share the receipts equally.…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It is an undisputed fact that Hunter and Nolf, both being applicants for the office of assistant assessor of the United States, it was agreed between them that if Nolf should withdraw and Hunter receive the appointment, they would jointly perform the duties, and equally divide the receipts. It is undisputed law that such a contract is illegal as against public policy, and cannot be enforced. So the learned judge below instructed the jury, but he left it to them to decide as a question of fact *285whether a new contract was not made after…
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