Meriwether v. Smith
Supreme Court of Georgia
Contract on Sabbath. Husband and wife. Before Judge Eobihsom. Jasper Superior Court. April Term, 1871. Missouri Smith, a married woman, in her own name, sued Meriwether for one half of the proceeds of his cotton crop. He pleaded the general issue and payment.
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Contract on Sabbath. Husband and wife. Before Judge Eobihsom. Jasper Superior Court. April Term, 1871. Missouri Smith, a married woman, in her own name, sued Meriwether for one half of the proceeds of his cotton crop. He pleaded the general issue and payment. She testified that Meriwether, on Sunday, told her if she would cultivate certain land with his, defendant’s wife, upon certain specified terms, she should have half of the cotton crop; that she consented, upon condition that she should personally have the proceeds, and her husband with defendant agreed that she should, and Meriwether…
1Opinion of the Court
McCay, Judge.
1. A clear distinction is made by the authorities between a suit to enforce a promise or undertaking entered into on Sunday, and a suit on a contract made on Sunday for work and labor, and for the doing of anything, where the thing to be done is afterwards performed by the party. It would be a fraud in one who has received the consideration of a contract on a week day, to set up the invalidity of the contract, because made on Sunday. He reaffirms the contract by receiving the consideration. At any rate, he is bound for the value of the services: Parsons on Contracts, 2 vol., 763,…
2Cited by11 opinions
- Hayden v. MitchellSupreme Court of Georgia · 1898
- Howard v. SimpkinsSupreme Court of Georgia · 1883
- McAuliffe v. VaughanSupreme Court of Georgia · 1911
- Mason v. DunbarMichigan Supreme Court · 1880
- Amperse v. Common CouncilMichigan Supreme Court · 1886
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