Legal Opinion

House v. Mayes

Supreme Court of the United States

Decided January 9, 1911No. 597PublishedCited by 51 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The facts, which involve the constitutionality of an act of the State of Missouri to prevent fraud in the purchase and sale of grain and other commodities, are stated in the opinión. The act denies to plaintiff in error the right to contract. Under the Fourteenth Amendment, freedom of contract is guaranteed.

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ERROR TO THE SUPREME COURT OF THE STATE OF MISSOURI. The facts, which involve the constitutionality of an act of the State of Missouri to prevent fraud in the purchase and sale of grain and other commodities, are stated in the opinión. The act denies to plaintiff in error the right to contract. Under the Fourteenth Amendment, freedom of contract is guaranteed. Allgeyer v. Louisiana, 165 U. S. 578, 589; Holden v. Hardy, 169 U. S. 366, 390; Lochner v. New York, 198 U. S. 45, 53; Adair v. United States, 208 U. S. 161, 172. While freedom of contract must yield to the police power of the State,…

1Opinion of the Court

Mb. Justice Harían

delivered the opinion of the court.

The plaintiff in error was proceeded against by information filed in the Criminal Court of Jackson County, Missouri, under a statute of Missouri, which was passed June 8, 1909, and is entitled “An act to prevent fraud in the purchase arid sale of grain and . other commodities.” The statute reads: “§ 1. Every sale of grain, seed, hay or coal shall be made on the basis of the actual weight thereof, and any purchaser of grain, seed, hay or coal, who shall deduct any amount from the actual weight or' measure thereof under claim of right to do…

2Cited by51 opinions

  1. Nebbia v. New YorkSupreme Court of the United States · 1934
  2. Hill v. WallaceSupreme Court of the United States · 1922
  3. Board of Trade of Chicago v. OlsenSupreme Court of the United States · 1923
  4. Lemke v. Farmers Grain Co. of EmbdenSupreme Court of the United States · 1922
  5. Best v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1958

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