Johnson v. Brown
Supreme Court of Kansas
Lrror from, Lyon District Court. Johnson sued Brown before a justice of the peace to recover ten dollars alleged to be due upon a contract for the services of plaintiff’s horse.
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Lrror from, Lyon District Court. Johnson sued Brown before a justice of the peace to recover ten dollars alleged to be due upon a contract for the services of plaintiff’s horse. Brown’s answer was, first, a general denial; second, “that the supposed contract for the services of said stallion, set forth in plaintiff’s bill of particulars, was made on the first day of the week, commonly called Sunday, and the services of said stallion were had or performed on the first day of the week, commonly called Sunday, wherefore said supposed contract was and is void and of no effect.” The evidence was…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is, whether a contract made on Sunday is valid. The services contracted for' were not necessarily or by the contemplation of the parties to be rendered, and were not in fact rendered, on Sunday. For *531while‘there is a conflict in the testimony as to when the services were rendered, the verdict of the jury, under the instructions, settles that they were not rendered on Sunday. At common law a contract on Sunday was valid; but in England, and in every state of the Union, have been enacted what are familiarly known as…
2Cases cited1 opinion
- Kaufman v. HammSupreme Court of Missouri · 1860
3Cited by7 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- State v. NesbitCourt of Appeals of Kansas · 1898
- Roberts v. BarnesSupreme Court of Missouri · 1895
- Horacek v. KeeblerNebraska Supreme Court · 1877
- Birks v. FrenchSupreme Court of Arkansas · 1878
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