Woods & Co. v. Armstrong
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. MoCaleb "Welet. Appellants, in tbe spring of 1873, sold tbe appellee and various other persons, a commercial fertilizer, known as the “ Soluble Pacific Guano,” for which the purchasers executed notes, reciting that consideration.
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Appeal from Circuit Court of Henry. Tried before Hon. J. MoCaleb "Welet. Appellants, in tbe spring of 1873, sold tbe appellee and various other persons, a commercial fertilizer, known as the “ Soluble Pacific Guano,” for which the purchasers executed notes, reciting that consideration. These- notes nVit having been paid, appellants brought seventeen suits against the purchasers in the circuit court, where, by agreement of counsel, the cases were tried together, all the cases going off below on the judgment rendered in the present case, which it was agreed should be a test case in this court,…
1Opinion of the CourtStone, J.
In Shippey v. Eastivood, 9 Ala. 200, this court said: “It has been repeatedly determined that a penalty inflicted by statute upon an offense, implies a prohibition, and a contract relating to it is void, even where it is not expressly declared by the statute that the contract shall be void.” Many authorities are cited in support of this proposition.
In Saltmarsh v. Tuthill, 13 Ala. 406, this language is quoted with approbation.
In O’Donnell v. Sweeney, 5 Ala. 468, this court, after stating the principle as above, added: “It would indeed be a strange anomaly if a contract, made in violation of a…
2Cases cited9 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Milton v. HadenSupreme Court of Alabama · 1858
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- McGehee v. LindsaySupreme Court of Alabama · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Berka v. WoodwardCalifornia Supreme Court · 1899
- Stockton Plumbing & Supply Co. v. WheelerCalifornia Court of Appeal · 1924
- Levinson v. BoasCalifornia Supreme Court · 1907
- Sandage v. Studabaker Bros. Manufacturing Co.Indiana Supreme Court · 1895
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
59 more not listed; retrieve them via the Exa API.