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" Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable... "
Supreme Court Reporter - Page 135
by United States. Supreme Court - 1890
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Why Lawyers Derail Justice: Probing the Roots of Legal Injustices

John C. Anderson - Law - 2010
...relations.01 However, a dictum from a case as early as 1750 specified that a court of equity would not enforce a contract "such as no man in his senses and not under...and as no honest and fair man would accept on the other."1 6 In Campbell Soup v. Wentz, the Wentz brothers agreed to sell all Chantenay carrots grown...
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Stempel on Insurance Contracts, Volume 1

Jeffrey W. Stempel - Law - 2006 - 3006 pages
...and substantially lower price for the product in return for accepting the unconscionable provision). would make on the one hand, and as no honest and fair man would accept on the other."550 As commentators have noted for a quarter-century, the "unreasonably favorable" standard...
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Family Law

Robert E. Oliphant, Nancy Ver Steegh - Law - 2007 - 499 pages
...NYS2d 923 (1933), defined unconscionability as involving a bargain "such as no [person] in his [or her] senses and not under delusion would make on the one hand, and as no honest and fair [person] would accept on the other." The North Dakota Supreme Court held a contract unconscionable...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 13

Austin Abbott - Civil procedure - 1873
...its literal terms, is well described, in the language of Judge STORY (I Story Eq. Jur., 188\ as " such as no man in his senses and not under delusion would make on the one hand, and as no honest or fair man would accept, on the other." It is so extortionate and unjust that it raises the presumptiod...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 48

Alabama. Supreme Court - Law reports, digests, etc - 1874
...contracting. — Chesterfield v. Jansen, 2 Ves. 155-6; Boneyv. Hottingxworth, 23 Ala. 690. If the bargain be such as no man in his senses and not under delusion would make on the one hand, and no honest and fair man would accept on the other, it is liable to be denounced as inequitable and unconscientious,...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 136

Missouri. Courts of Appeals - Law reports, digests, etc - 1909
...Unconscionable Fee. A contract to pay an attorney's fee will not be held unconscionable unless it is such that no man in his senses and not under delusion would make on the one hand and no fair man would accept on the other, and the evidence fails to establish such contract. 3. : : Evidence....
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