Summary

Edward Douglass White Hansen v. Boyd — Opinion of the Court

All optional contracts, however, are not illegal under the statute which was read to you. If the option is to sell or purchase at a future time, then it is illegal and a wager; but if the option consists merely of a delivery within a specified time, the contract is valid, and what was done by putting up margins amounts to nothing unless the contract itself is illegal. The validity of an option contract depends upon the mutual intention of the parties thereto, and, if a sale or purchase of actual wheat for future delivery is intended, it is valid.
Source: Wikisource

Edward Douglass White Hansen v. Boyd — Opinion of the Court

The fifteenth assignment of error covers an instruction to the jury that, if facts and circumstances introduced in evidence by the plaintiffs which tended to show that the order for the transfer of May wheat to June wheat was given, in connection with a number of other recited facts were found by the jury to exist, they would constitute a ratification.
Source: Wikisource

Edward Douglass White Hansen v. Boyd — Opinion of the Court

Courts, however, must recognize from necessity the methods of carrying on business at the present day, and apply well-settled principles of the common law to enforce contracts, unless they are forbidden by statute, or violate some rule of public policy. The daily mercantile business of the country (mercantile deals-and by that I mean the sale and purchase of personal property) could not be successfully carried on if merchants and dealers were unable to sell something which they did not have, but which they intended to get in the market and buy before the day of delivery.
Source: Wikisource

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