Bloom v. Richards
Ohio Supreme Court
Bill in chancery, reserved in Darke county. The object of the bill is to compel the specific performance of a .contract, which was made on Sunday, for the sale of certain lands described in the bill. The only question in the case under the .reservation, is whether such a contract can be enforced.
1Opinion of the CourtThurman, J.
This is a bill for the specific execution of a real *339contract, which bears date June 17, 1848, but was, in truth, executed and- delivered on a Sunday. To decide whether this fact, namely, its execution and delivery on a Sunday, renders it invalid, the cause was reserved.
*It is not pretended that, at common law, this contract would be void. I am aware that in Smith v. Sparrow, 12 Eng. Com. Law, 254, Chief Justice Best said, “that he should have considered that if two parties act so indecently as to carry on their business on a Sunday, if there had been no statute on the subject, neither could…
2Cases cited2 opinions
- Berrill v. Smith, Pennsylvania Court of Common Pleas, Philadelphia County1840
- Elliott v. ClementsSupreme Court of Alabama · 1843