Van Hoven v. Irish
U.S. Circuit Court for the District of Minnesota
The plaintiff and defendant, on May 8, 1880, entered into a contract for tlie sale and delivery of cattle, and $100 was paid the defendant on the contract. Subsequently this contract was rescinded, and another one entered into, varying somewhat in its terms, and the $100 retained by defendant as part performance. The defendant claims this latter contract was made on Sunday and is void.
Read the full summary
The plaintiff and defendant, on May 8, 1880, entered into a contract for tlie sale and delivery of cattle, and $100 was paid the defendant on the contract. Subsequently this contract was rescinded, and another one entered into, varying somewhat in its terms, and the $100 retained by defendant as part performance. The defendant claims this latter contract was made on Sunday and is void. The plaintiff brings this action to recover damages for a failure to perform a contract alleged to have been made on July 6th, a week day, which is substantially the contract claimed by defendant to have been…
1Opinion of the Court
Nelson, D. J.
Two vital questions were submitted for the determination of the jury:(1) Was the contract, for breach of which damages are claimed, entered hito on Sunday ?(2) If the contract was entered into on Sunday, and void by the laws of Minnesota, was it afterwards reaffirmed on a week day ?
The court stated to the jury “that by the laws of Minnesota contracts of a secular character, and which are not works of necessity and charity, if finally consummated on Sunday, are void, and no action can be maintained, either on the contract or for the recovery of whatever may have been done under…
2Cases cited3 opinions
- Adams v. GaySupreme Court of Vermont · 1847
- Harrison v. ColtonSupreme Court of Iowa · 1870
- Durant v. RhenerSupreme Court of Minnesota · 1880
3Cited by1 opinion
- A. Helm & Son v. BrileySupreme Court of Oklahoma · 1906