Legal Opinion

Lyon v. Pollard

Supreme Court of the United States

Decided November 18, 1874No. 47PublishedCited by 27 opinions

Error to the Supreme Court of the District of Columbia. Mrs. E. A. Pollard sued J. E. Lyon in the court below, and declared on a written contract, by which Lyon agreed to furnish the means of carrying on the St. Cloud Hotel, a hotel of considerable size in the city’ of Washington, and •Mrs. Pollard agreed to superintend-and conduct it.

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Error to the Supreme Court of the District of Columbia. Mrs. E. A. Pollard sued J. E. Lyon in the court below, and declared on a written contract, by which Lyon agreed to furnish the means of carrying on the St. Cloud Hotel, a hotel of considerable size in the city’ of Washington, and •Mrs. Pollard agreed to superintend-and conduct it. For this service she was to receive one-tifth of the net profits, in' ascertaining which the rent paid by Lyon for the house was to be excluded. Either party was at liberty to terminate the contract by giving thirty days’ notice in writing. The breach alleged…

1Opinion of the Court

■Mr. Justice MILLER

delivered'the opinion of the court.

The offers, as to the usé of opiates and the unsound men-'; tal condition, are the subjects of the first bills of exception.

We do not agree with counsel that, for the insanity of plaintiff, or her mental incapacity to perform her part of the contract, whether from natural infirmities or from the use of o'jiium, the only remedy of the defendant is an action against her on the eontfáct. The,plaintiff was employed to perform important and specific duties. Her compensation for this was to be one-fifth of the net proceeds of the, business which…

2Cited by27 opinions

  1. Camalier & Buckley-Madison, Inc. v. The Madison Hotel, Inc.Court of Appeals for the D.C. Circuit · 1975
  2. Franklin v. T. H. Lilly Lumber Co.West Virginia Supreme Court · 1909
  3. Ivey v. Cotton Mills.Supreme Court of North Carolina · 1906
  4. Olin Corporation, Plaintiff-Appellant-Cross v. Central Industries, Inc., Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1978
  5. Elwin K. Shain v. Washington National Insurance CompanyCourt of Appeals for the Eighth Circuit · 1962

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