Frieders v. Estate of Frieders

The following opinion was filed April 3, 1923:

I am deeply impressed that the decision of this court does the plaintiff a grave *437injustice and violates the fundamental law of contracts. It impairs the obligation of a contract, denies the plaintiff his right under a contract freely made pursuant to sound public policy as heretofore declared, substitutes for the contract-made by the parties one made by this court and one the parties never contemplated and of which they never thought or considered in any wáy.

The right of contract is as old as civilization. Freedom of contract is a fundamental…