Read v. Smith

Citations

• 60 Tex. 379
• 1883 Tex. LEXIS 342

Syllabus

<p>1. Illegal contract.— A contract between a sheriff who was, at the time, ex officio tax collector of his county, and another, under which each party was to furnish equal amounts of money to be invested in county scrip, the profits of which were to be equally divided, was illegal. The object of such a contract was for the sheriff to do indirectly, through another, for the benefit of both, an act which the law prohibited him from doing directly. In such a case the law forbids relief to either party in enforcing an account and settlement between them, they never having settled. Following Riley v. Jordan, 122 Mass., 233; Anderson v. Powell, 41 Iowa, 22, and other cases cited in the opinion.</p> <p>2. Distinguished.— This case distinguished from De Leon v. Trevino, 49 Tex., 91.</p>