Robinson v. Magee

Citations

• 9 Cal. 81

Syllabus

<p>Whatever provision of a statute substantially defeats the end contemplated by the parties in making a contract, must impair its obligation. As the law enters into the contract and forms a part of it, the obligation of such a contract must depend upon the law existing at the time the contract was made. The contract being then complete and operative, the Legislature cannot, by a subsequent act, impair its obligation by requiring the performance of other conditions not required by the law of the contract, itself.</p> <p>The power to impose conditions after the contract is once complete and perfect, is nothing but the power to impair its obligation, and this the Constitution has prohibited.</p> <p>The provisions of the act of April twenty-seventh, one thousand eight hundred and fifty-five, requiring all persons holding certain warrants upon the treasurer of Calaveras county, to present the same for registry before a certain day or be for ever barred from enforcing the payment thereof, are therefore unconstitutional.</p>