Allman

Allman v. Winkelman

Good Law
106 F.2d 663·1939 U.S. App. LEXIS 4720
United States Court of Appeals for the Ninth CircuitSeptember 16, 1939No. 8870California2,385 words

Opinion

Lead Opinion

Denman, J.

This ie an appeal from an adjudication in equity of the United States Court for China that a contract o.f “partnership for the general practice of law” in Shanghai and elsewhere in China, made between appellant and appellee is “illegal, void, contrary to public policy and not enforceable” and decreeing a rescission of the contract and awarding as damages to plaintiff the consideration paid by him to defendant for entering into the contract less benefits received by plaintiff from the joint practice under the “void” agreement.

In the briefs and argument here the contending parties agree that the burden of proof on plaintiff to establish that a contract is void as against public policy is that held in Steele v. Drummond, 275 U.S. 199, 205, 206 , 48 S.Ct. 53, 54 , 72 L.Ed. 238 , and its cited cases that: “ * * * The meaning of the phrase ‘public policy’ is vague and variable; there are no fixed rules by which to determine what it is. It has never been defined by the courts, but has been left loose and free of definition, in the same manner as fraud. * * * It is only in clear cases that contracts will be held void. The principle must be cautiously applied to guard against confusion…

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