Block v. McMurry
Mississippi Supreme Court
ERROR to the Circuit Court of Rankin County. Hon. A. Gi. Mayers, Judge.. The case is stated in the opinion of the court. 1. The result of a Sunday contract is, that the law leaves the parties where it finds them, giving to neither a right to enforce the contract, or to recover back either the money paid or property received.
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ERROR to the Circuit Court of Rankin County. Hon. A. Gi. Mayers, Judge.. The case is stated in the opinion of the court. 1. The result of a Sunday contract is, that the law leaves the parties where it finds them, giving to neither a right to enforce the contract, or to recover back either the money paid or property received. Hoover v. Pierce, 26 Miss. 627 ; Kuntz v. Price, 40 Miss. 341. 2. The attempt to prove that McMurry was drunk was a failure. 1. There is no evidence to support the theory that Mc-Murry was drunk. 2. Ex turpi causa non oritur actio. It is public policy which requires that…
1Opinion of the Court
SimRall, C. J.,
delivei'ed the opinion of the court.
The proof is that McMurry sold and Kernaghan bought the horse in question on Sunday, Kernaghan paying the price and taking the horse into possession on that day. On the' next day, Monday, the testimony tends to show that Mc-Murry made a bill of sale to the wife of Kernaghan, at his request, because there was a judgment against him.
An effort was made to prove (both sides offered testimonj' on,the point) that, at the time of the sale, McMurry was very much intoxicated, so much so that he was incapacitated understandingly to make a contract;…
2Cases cited6 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Adams v. GaySupreme Court of Vermont · 1847
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Kountz v. PriceMississippi Supreme Court · 1866
- Horton v. BuffintonMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Foster v. WootenMississippi Supreme Court · 1890
- Bertram v. MorganCourt of Appeals of Kentucky · 1917
- Kelley v. CosgroveSupreme Court of Iowa · 1891
- Shaw v. Postal Telegraph & Cable Co.Mississippi Supreme Court · 1901
- Calhoun v. PhillipsSupreme Court of Georgia · 1891
2 more not listed; retrieve them via the Exa API.