Columbia Law Review Volume 15

Columbia Law Review Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... 86 Wis. 352. If, however, the plaintiff seeks to recover for goods which were sold in pursuance of, and as part of an illegal contract, binding on both parties, it is a good defense that the enforcement of the contract will result in giving effect to a violation of the Act inhering in the sale. Continental Wall Paper Co. v. Voight zfi Sons Co. (1909) 212 U. S. 227; 9 Columbia Law Rev. 343. In the principal case it was conceded that the sale, despite the conditions, was intrinsically legal, and the court therefore refused to regard either the sale or the conditions illegal merely because the plaintifi was a monopoly and may have been aided as such by the conditions which formed a part of the sale. CON'l'RA(_"I'S----STA'l'UTES--EFFECT ' or INVALIDl'l'Y.----C8l'l;8ll1 provisions with reference to the non-employment of aliens were inserted in a contract in compliance with 14 of the Labor Law. Held, since the statute is unconstitutional, the provisions in the contract become inoperative. Heim V. McCall (1914) 150 N. Y. Supp. 933. An unconstitutional statute does not become a. part of a contract made after such statute is passed and before it is declared unconstitutional, where the contract does not expressly incorporate the provisions of the statute. Palmer V. Tingle (1896) 55 Oh. St. 423. Even when the provisions of an unconstitutional statute are expressly incorporated in a contract in obedience to the statute, as in the principal case. they have been uniformly regarded as inoperative, People V. Coler (1901) 166 N. Y. 1, 21; Cleveland v. Construction Co. (1902) 67 Oh. St. 197, 220, apparently in violation of the principle that full efiect must be given to a writing incorporated in a contracteby reference. more

Product details

  • Paperback | 356 pages
  • 189 x 246 x 19mm | 635g
  • United States
  • English
  • black & white illustrations
  • 1236745124
  • 9781236745125