Crichfield v. Bermudez Asphalt Paving Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This is an action in assumpsit, brought by the appellants against the appellee company to recover compensation claimed to have been earned by them under the agreement, dated April 17, 1894, hereinafter set forth, The declaration consisted of the common counts with an affidaxdt of claim.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. John Barton Payne, Judge, presiding. This is an action in assumpsit, brought by the appellants against the appellee company to recover compensation claimed to have been earned by them under the agreement, dated April 17, 1894, hereinafter set forth, The declaration consisted of the common counts with an affidaxdt of claim. Attached to the common counts was a copy of the said agreement or contract. The appellee pleaded the general issue. The contract in…
1Opinion of the CourtJustice Magruder
The Appellate Court reversed the judgment of the court below, upon the ground that the agreement sued on in this cause was against public policy and void, and that, therefore, the appellants were not entitled to recover upon the same. The only question, which we deem it necessary to discuss in the case, is, whether the contract sued on is such a contract as the courts will refuse to enforce. If it is a contract which is against public policy, the -maxim ex turpi causa non oritur actio applies.
First—A careful examination of the contract leads to the conclusion, that the appellants entered into…
2Cases cited19 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Trist v. ChildSupreme Court of the United States · 1875
- Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854
- Tool Co. v. NorrisSupreme Court of the United States · 1865
- Coppell v. HallSupreme Court of the United States · 1869
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Lyons v. SchanbacherIllinois Supreme Court · 1925
- Megarry Bros. v. City of St. ThomasNorth Dakota Supreme Court · 1954
- White v. McCoy Land Co.Missouri Court of Appeals · 1935
- Windle v. City of ValparaisoIndiana Court of Appeals · 1916
- Rome v. UptonAppellate Court of Illinois · 1995
36 more not listed; retrieve them via the Exa API.