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Contracts Keyed to Marshall
Bovard v. American Horse Enterprises, Inc.
Citation:
201 Cal. App. 3d 832 (1988)Facts
Bovard alleges the trial court erroneously concluded the contract upon which his action was founded was illegal and void as contrary to public policy. On the third day of trial, Bovard testified as to the nature of the business conducted by American Horse Enterprises, Inc., at the time the corporation was sold to Ralph. Bovard explained the corporation made jewelry and drug paraphernalia, which consisted of “roach clips” and “bongs” used to smoke marijuana and tobacco. The manufacture of drug paraphernalia was not itself illegal in 1978 when Bovard and Ralph contracted for the sale of American Horse Enterprises, Inc. However, a public policy against the manufacture of drug paraphernalia was implicit in the statute making the possession, use and transfer of marijuana unlawful.
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Topic Resources
Topic Outline
Defenses to Formation