Bovard v. American Horse Enterprise, Inc.
Court of Appeal, Third District, California 1988
247 Cal.Rptr. 340
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Brief Fact Summary
Defendant agrees to purchase company from Plaintiff. Both parties are aware that the company is a manufacturer of drug paraphenalia. In order to purchase the company, Defendant signs some Promissory notes, payable to Plaintiff. Defendant fails to pay the notes. Plaintiff sues to enforce the notes. The court, in the interest of public policy, refuses to enforce the notes.
Rule of Law and Holding
A contract does not have to be illegal in order for a court to decline to enforce it. No statute existed against the manufacture of drug paraphenilia, but in the interest of public policy the court declines to enforce the contract. It is of note, that a state statute did grant the court the discretion to decline to enforce a contract in the interest of public policy.
Topics
Policing the Bargain
Subtopics
Public Policy
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Contracts: Cases and Materials
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Farnsworth, Young, Sanger
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- Contracts: Cases and Materials
- Farnsworth, Young, Sanger
- 6th Edition
Coming Soon
Click here if you would like to receive an email when this case becomes available.