Legal Opinion

Woods v. Hart

Nebraska Supreme Court

Decided February 3, 1897No. 6974PublishedCited by 7 opinions

Appeal from the district court of Douglas county. Heard below before Walton, J. Where a contract gives the benefit entirely to one person, with the exclusive sale, barter, trade, or handling thereof, it is against public policy, (Moses v. Scott, 4 So.

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Appeal from the district court of Douglas county. Heard below before Walton, J. Where a contract gives the benefit entirely to one person, with the exclusive sale, barter, trade, or handling thereof, it is against public policy, (Moses v. Scott, 4 So. Rep. [Ala.], 742; Baggott v. Sawyer, 25 S. Oar., 405; Boyle v. Adams, 52 N. W. Rep. [Minn.], 860.) A contract formed to establish and maintain a uniform rate of charge and prevent competition in the sale of an article or property, where the entire benefit inures to one of the parties only, is illegal and void as being in restraint of trade.…

1Opinion of the CourtNorval, J.

This was an action by George J. Woods to enforce the specific performance of an alleged contract for the exchange of real estate for live stock, of which the following is a copy:

“Article of agreement between George J. Woods, of the first part, and Dr. C. L. Hart, of the second part:
“Said Woods and Hart do this day make the following trade, subject, hoAvever, to title: Said Woods agrees to. give said Hart lots eight (8), nine (9), ten (10), eleven (11),. twelve (12), thirteen (13), and fourteen (14), all in block seven (7) of Battle Greek Addition to College YieAV, Lancaster county, Nebraska;…

2Cases cited2 opinions

  1. Chambers v. SeaySupreme Court of Alabama · 1882
  2. Hubermann v. EvansNebraska Supreme Court · 1896

3Cited by7 opinions

  1. Carpenter Paper Co. v. WilcoxNebraska Supreme Court · 1897
  2. Hallstead v. PerrigoNebraska Supreme Court · 1910
  3. Miller v. Morris & Co.Nebraska Supreme Court · 1917
  4. Staats v. MangelsenNebraska Supreme Court · 1920
  5. National Bank v. CooperNebraska Supreme Court · 1910

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