James Brackett et al., Appellants, v. George G. Wyman et al., Respondents

James Brackett et al., Appellants, v. George G. Wyman et al., Respondents. (Argued September 22, 1871; decided January term, 1872.) Plaintiffs and defendants each had judgments against one John R. Wyman. Certain real estate of said Wyman was being sold at a foreclosure sale upon a mortgage, which was a prior lien to the judgment. Plaintiffs assigned to defendants their judgment, and agreed not to bid at the foreclosure sale, upon defendants executing to them an agreement to pay $600 in installments. Plaintiffs did not bid and the premises were purchased by defendants. Plaintiffs brought suit upon the agreement. Held, that plaintiffs’ agreement to abstain from bidding was unlawful as against public policy, and rendered the whole contract void. O. M. Benedict for the appellants. Chwrles C. Judd for the respondents. [MAJORITY] Gray, C., reads for affirmance. All concur. Judgment affirmed, with costs.