Stanton v. Sturgis

Citations

• 140 F. 789
• 1905 U.S. App. LEXIS 4835

Syllabus

<p>1. Contracts — Legality—Public Policy.</p> <p>Two contracts entered into by plaintiff on the same day, the first with a railroad company to construct its road for which he was to be paid a per cent, upon the cost of construction, and the second with five out of the seven directors of the company by which he agreed to pay to them two-thirds of such per cent., are to be treated as in pari materia and as constituting a single contract, which is void as against public policy, and no action can be maintained to enforce either while it remains executory.</p> <p>[Ed. Note. — For cases in point, see vol. 11, Cent. Dig. Contracts, §§ 701, 702.]</p> <p>2. - Same — Action for Breach — Condition Precedent.</p> <p>Where a contract between plaintiff and a railroad company for the construction of its road provided that it should become null and void after a certain date unless substantial and satisfactory progress had been made by that time in the sale of the company’s stock and bonds, and that the primary work in negotiating such sale should devolve upon plaintiff, he cannot maintain an action for damages because of the failure to build the road, without alleging that the required progress in the sale of the stock and bonds had been made by the time stipulated.</p>