Smith v. Wilcox

In this case, the jury having rendered a verdict for the plaintiff, judgment upon it, according to the new code, was reserved for the further consideration of the court, on the single question whether a contract, however clearly proved, and however obligatory in honor, to advertise in a Sunday paper, can, in this state, be the subject of a legal action.

The Sunday act (1 R. S. 675) declares that “ there shall be no servile labor or working on that day, excepting works of necessity and charity,” and no exposing “ to sale of any wares, merchandise, &c., except meats, milk and fish.” Sunday…