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CONNOLLY V. UNION SEWER PIPE CO., 184 U. S. 540 (1902)

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U.S. Supreme Court

Connolly v. Union Sewer Pipe Co., 184 U.S. 540 (1902)

Connolly v. Union Sewer Pipe Company

No. 48

Argued April 22-23, 1901

Decided March 10, 1902

184 U.S. 540

Syllabus

If a claim is made in the circuit court that a state enactment is invalid under the Constitution of the United States, and that claim is sustained or rejected, this Court may review the judgment at the instance of the unsuccessful party.

If the alleged combination in this case was illegal, it would not follow that they could, at common law, refuse to pay for pipes bought for them under special contracts.

The contracts between the plaintiff and the respective defendants were collateral to the agreement between the plaintiff and other corporations, etc., whereby an illegal combination was formed for the sale of sewer pipe.

The first special defense in this case, based alone upon the principles of the common law, was properly overruled.

The special defense, based upon the Act of Congress of July 2, 1890, 26 Stat. 209, was also properly rejected. That act does not declare illegal or void any sale made by such combination or its agents of property acquired for the purpose of being sold, such property not being at the time in the course of transportation from one state to another, or to a foreign country, and the buyer could not refuse to comply with his contract of purchase upon the ground that the seller was an illegal combination, which might be restrained or suppressed in the mode prescribed by the act of Congress.

The case is stated in the opinion of the court. chanroblesvirtualawlibrary

Page 184 U. S. 541





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