Ewing v. Halsey

The opinion of the court was delivered by

Dawson, J.:

This was an action for damages for breach of contract. The defense was that the contract was invalid because its performance required a breach of the penal statute forbidding unnecessary labor on Sunday.

The facts were these: Plaintiff and defendant entered into an oral contract whereby defendant agreed to put on an aerial circus performance at a pleasure resort owned by plaintiff in Mitchell county on Sunday afternoon, June 5, 1927. Under the terms of the contract plaintiff bound himself to advertise the flying circus in the newspapers in…