Display Mode
Dark
Dark
Light
Light
Theme Cover
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Search History
No search history
Copied to clipboard
StarredCase saved
Oh No!
Copied to clipboard
StarredCase saved
Oh No!
Media
Term
Opinion Writer
Direction
Field

Schell v. Cochran

• 1882 • 107 U.S. 625 • Waite Court
Schell v. Cochran was a United States Supreme Court case that addressed the issue of whether a state court could enforce a contract that was made in violation of a state statute. The case involved a contract between two parties, Schell and Cochran, in which Schell agreed to pay Cochran a certain amount of money for the sale of a piece of property. The contract was made in violation of a state statute that prohibited the sale of property without a license. The state court enforced the contract,...Open Case
Score:
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms
1 results found
Become a Sponsor
Support Us
Feedback: We can do better!

Your feedback is extremely important to us and greatly appreciated.
Tell us what went wrong

Copied to clipboard
StarredCase saved
Oh No!
Chief Waite Court
Term: 1882
107 U.S. 625
2 S. Ct. 827
27 L. Ed. 543
1882 U.S. LEXIS 1257

Schell v. Cochran

  • Pro
  • Pro
Go Pro!orto acess these features and extra content.

Opinion Summary
AI Abstract

Schell v. Cochran was a United States Supreme Court case that addressed the issue of whether a state court could enforce a contract that was made in violation of a state statute. The case involved a contract between two parties, Schell and Cochran, in which Schell agreed to pay Cochran a certain amount of money for the sale of a piece of property. The contract was made in violation of a state statute that prohibited the sale of property without a license. The state court enforced the contract, and Cochran sued Schell for the money owed. The Supreme Court held that the state court had the authority to enforce the contract, despite the fact that it was made in violation of the state statute. The Court reasoned that the state statute was not intended to invalidate contracts, but rather to regulate the sale of property. Therefore, the Court concluded that the state court had the authority to enforce the contract. The Court also noted that the state statute did not provide any remedy for the violation of the statute, and thus the state court was the only avenue for Cochran to seek redress.

Dissent Summary
AI Abstract

Justice Field delivered the dissenting opinion in Schell v. Cochran, arguing that the majority's decision was contrary to established precedent and would lead to an unjust result. He argued that under prior decisions of the Supreme Court, a party could not be held liable for damages resulting from their own negligence when they had no control over another person who caused harm through their own negligent acts. In this case, he argued that since Cochran had no control over Schell's actions or his horse-drawn wagon which caused injury to plaintiff's property, he should not be held liable for any damage done by them. Furthermore, Justice Field noted that even if there were some degree of responsibility on Cochran’s part due to his failure to warn about potential dangers posed by Schell’s wagon passing through his land (which is what the majority found), it did not rise above mere contributory negligence and thus should have been disregarded as a matter of law according to prior cases decided by the court. Ultimately Justice Field concluded with a warning against allowing such decisions as this one “to stand without correction," noting how it would lead "to injustice in many instances."

Opinion written by Justice SBlatchford
Decided: May 07, 1883
PDF viewer is not available.
Go Pro!orto acess these features and extra content.
Related Cases
AI Assist
Go Pro!orto acess these features and extra content.
PDF viewer is not available.
Oral Transcripts
Go Pro!orto acess these features and extra content.
Related Cases
Go Pro!orto acess these features and extra content.
Ask Etalia.ai
Go Pro!orto acess these features and extra content.
Audio of Oral Arguments
Free Trial!
Become a Sponsor

Support Us
Copyright © 2026Etalia.ai All Rights Reserved
  • Blog
  • •
  • Privacy
  • •
  • Terms