Kennedy v. Murduck

5 Del. 458

• Court: Superior Court of Delaware
• Decided: July 5, 1854
• Status: Published

Opinion

The Court

held this to be unlawful. Contracts in contravention of public policy, or of a public statute, are illegal, and will not be enforced.

The act of Congress provides that no mail contract shall be made with any person who shall have entered into any combination, or proposed to enter into any combination, to prevent the making of any bid for a mail contract, by any other person; or who shall have made any agreement, or shall have given or performed, or promised to give or perform any consideration whatever, or to do or not do any thing' whatever, in order to induce any other person not to bid for a mail contract.

Whiteley, for plaintiff. Buffington and Booth, for defendant.

It has been decided that an attempt to contravene the policy of a public statute is illegal, though the statute contain no express prohibition of such attempt. (4 Halst. Rep., 352 ; 5 Ibid, 87.)