Legal Opinion

Baldwin Bros. v. Potter

Supreme Court of Vermont

Decided January 15, 1874PublishedCited by 14 opinions

General assumpsit. Plea, the general issue, and trial by the court, September term, 1873, Royce, J., presiding. The case was tried upon the following agreed statement of facts: “ The plaintiffs were merchants and partners, residing and doing’business at St. Albans, Yt. They employed the defendant to solicit orders for and sell an article known and called ‘ prize candy,’ on commission.

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General assumpsit. Plea, the general issue, and trial by the court, September term, 1873, Royce, J., presiding. The case was tried upon the following agreed statement of facts: “ The plaintiffs were merchants and partners, residing and doing’business at St. Albans, Yt. They employed the defendant to solicit orders for and sell an article known and called ‘ prize candy,’ on commission. It was the practice of the parties, under said employment, for the defendant to solicit and take orders for said goods, and send such oi’ders to the plaintiffs, who would thereupon send the candy to the parties…

1Opinion of the Court

The opinion of the court was delivered by

Pierpoint, Ch. J.

We do not find it necessary in this case to consider the question as to whether the contract for the sale of the property referred to, by the plaintiffs, to the several persons who purchased it, were contracts made in violation of law, and therefore void, or not. This action is not between the parties to those contracts; neither is it founded upon, or brought to enforce them. If those contracts were illegal, the law will not aid either party in respect to them ; it will not allow the seller to sue for and recover the price of the…

2Cases cited1 opinion

  1. Perkins v. HartSupreme Court of the United States · 1826

3Cited by14 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Wise v. RadisCalifornia Court of Appeal · 1925
  3. Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
  4. State v. PattersonSupreme Court of Kansas · 1903
  5. State v. HopkinsSupreme Court of Vermont · 1883

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