Phillips v. . Hooker
Supreme Court of North Carolina
Bill for specific performance, filed to Spring Term, 1867, of the Court of Equity for Lenoir, and then set for hearing upon, bill and answer, and transferred to this court. The plaintiff by his bill sought to enforce the specific execution of a contract for the purchase of a house and lot from the defendant. The contract was alleged to have been made with an agent of the defendant, in the following terms expressed in writing: “ State of North Carolina, Lenoir County.
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Bill for specific performance, filed to Spring Term, 1867, of the Court of Equity for Lenoir, and then set for hearing upon, bill and answer, and transferred to this court. The plaintiff by his bill sought to enforce the specific execution of a contract for the purchase of a house and lot from the defendant. The contract was alleged to have been made with an agent of the defendant, in the following terms expressed in writing: “ State of North Carolina, Lenoir County. This agreement, entered into between me, Amos Harvey of the first part, and John R. Phillips of the second part, all of the…
1Opinion
I propose to consider only so much of the case as involves the question whether Confederate treasury notes, which were paid for the land, were an illegal consideration. For, very clearly, if the consideration was illegal, the contract will not be enforced in this court. I shall treat it as a drylegal question.
A contract is not void merely because it tends to promote illegal or immoral purposes. Hilliard on Sales, 376; Armstrong v. Toler, 11 Wheat., 258; Story Conflict of Laws, 258.
A contract for the sale of a house and lot is not vitiated by the fact that the vendor knows, at the time of…
2Cases cited11 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Hargrove v. . AdcockSupreme Court of North Carolina · 1892
- Marcus v. Bernstein, Cohen & Co.Supreme Court of North Carolina · 1895
- Harrell, Administrator C. v. . Watson and OthersSupreme Court of North Carolina · 1869
- Coolidge v. IngleeMassachusetts Supreme Judicial Court · 1816
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