Legal Opinion

Packard & Field v. Byrd

Supreme Court of South Carolina

Decided November 7, 1905PublishedCited by 20 opinions

Before Gary, J., Greenwood, November term, 1904. Action by Packard and Field against G. A. Byrd. From judgment for defendant, plaintiffs appeal. cite: Was contract of sale void? 8 R. R. A., 440; 55 S. C., 175; 9 R. R. A., 689; Clark on Con., 494-5; 1 Bail., 315; Chitty on Con., 678, 671, 701; 46 S- C., 15; 17 R. R. A., 113, note; Bish. on Con., secs. 628, 629; 3 Met., 581; 93 N. Y., 609; 3 Ency., 1 ed., 887, 885. cite: Court will not lend its assistance to enforce an illegal…

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Before Gary, J., Greenwood, November term, 1904. Action by Packard and Field against G. A. Byrd. From judgment for defendant, plaintiffs appeal. cite: Was contract of sale void? 8 R. R. A., 440; 55 S. C., 175; 9 R. R. A., 689; Clark on Con., 494-5; 1 Bail., 315; Chitty on Con., 678, 671, 701; 46 S- C., 15; 17 R. R. A., 113, note; Bish. on Con., secs. 628, 629; 3 Met., 581; 93 N. Y., 609; 3 Ency., 1 ed., 887, 885. cite: Court will not lend its assistance to enforce an illegal contract: Code, 1902, 2845; 43 R. ed., U. S. C., 123. Illustration in charge not applicable to case is harmless error:…

1Opinion of the Court

November 7, 1905. The opinion of the Court was delivered by This action was brought for the purpose of collecting an account for $140 for a bill of shoes purchased from plaintiffs by defendants, between the 24th day of October and the 22d day of November, 1902, and resulted in judgment for the defendant, from which is this appeal. The answer denied the partnership of plaintiffs, and denied that he was indebted, as alleged in the complaint, but admitted that he had purchased the articles of merchandise referred to in the complaint and had refused to pay for the same. Further answering, and by…

2Cases cited4 opinions

  1. Arnot v. . Pittston and Elmira Coal Co.New York Court of Appeals · 1877
  2. Gist v. Telegraph Co.Supreme Court of South Carolina · 1895
  3. McConnell v. KitchensSupreme Court of South Carolina · 1884
  4. Massey v. WallaceSupreme Court of South Carolina · 1890

3Cited by20 opinions

  1. C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
  2. Orenstein v. KahnSupreme Court of Delaware · 1922
  3. Beach Co. v. Twillman, Ltd.Court of Appeals of South Carolina · 2002
  4. Smith v. D.R. Horton, Inc.Supreme Court of South Carolina · 2016
  5. W. T. Rawleigh Co. v. LandCourt of Appeals of Texas · 1924

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