Labbe v. Corbett

Citations

• 69 Tex. 503
• 6 S.W. 808
• 1888 Tex. LEXIS 886

Syllabus

<p>1. Public Policy. — A contract under which the owner of sheep infected with disease, agrees that another, fora specified consideration may keep, use and shear them, is not rendered invalid as against public policy because the owner induced the other party to drive them along the public highway to a distant range, by his representations that they were not diseased. Even if the owner knew the diseased condition of the sheep, and that the other party intended to drive them along the public highway, the contract would not thereby have been void as against public policy, the fact of such removal of the sheep forming no part of the contract.</p> <p>8. Illegal Contract. — While there is conflict of decisions on the question as to whether a contract is rendered invalid on the mere ground that one party to it may have known of the intention on the part of the other to use the subject matter thereof for an unlawful purpose, the tendency of the Texas decisions is to deny the invalidity of a contract for such cause.</p> <p>3. Contract. — A contract whereby one is permitted to select from the flock of another, one thousand “picked ewes” does not necessarily imply that the sheep shall be sound and free from all disease.</p> <p>4. Means op Knowledge — Principal and Agent. — One who by contract is to receive specified articles, he being present at their delivery, and who seeks to avoid liability on his contract by reason of the existence of a latent defect which impaired their value and operate a fraud upon him, is not chargeable with the knowledge of the defect that may have been known at the time by his employe whose only duty was to take charge of and transport the articles.</p> <p>6. Same — Fraud.—When it has once been established that there has been a fraudulent representation by which one has been induced to enter into a contract, it is no answer to his claim to be relieved from it to tell him that he might have known the truth by proper inquiry. The perpetrator of the fra