Spiccia v. Paterson Silk Throwing Co., Inc.

The opinion of the court was delivered by

Case, J.

The judgment from which defendant appeals went for the plaintiff, following jury verdict, in the amount of $1,576.06.

Appellant’s first point is that the trial court erred in denying its motion for a nonsuit upon the ground that the contract upon which the plaintiff’s claim was based was made on Sunday and therefore was void. The respondent replies that (1) the defendant’s answer did not raise the issue of legality, (2) the contract became effective by the rendition of plaintiff’s services and (3) defendant ratified on a week day.

Defendant did…