Frequently an agreement made on Sunday is subsequently recognized, adopted, or ratified by the parties either expressly or by necessary implication, as for instance by carrying out on a secular day some portion of the contract made on a previous Sunday. Hie effect of such subsequent recognition has not been regarded in the same way in all jurisdictions but much of the difference of opinion is due to various views on other matters than on the fundamental principles of ratification of an illegal contract. The great weight of authority supports the proposition that a contract made on Sunday in violation of law like other illegal contracts is incapable of ratification in the proper sense of that word.40 There is no objection, however, to making on a secular day a contract the terms of which had previously been arranged on Sunday, and the fact that the parties
34 Stevens v. Wood, 127 Mass. 123; Allen v. Deming, 14 N. H. 133, 40 Am. Dec. 179.
35 Harrison v. Powers, 76 Ga. 218, 240; Leightman v. Kadetska, 58 Iowa, 676, 12 N. W. 736, 43 Am. Rep. 129; Gordon v. Levine, 107 Mass. 263, 83 N. E. 861,15 L. R. A. (N. S.) 243,125 Am. St. Rep. 361.
36 Goooh v. Gooch, 178 la. 902, 160 N. W. 333, L. R. A. 1917 C. 582.
37 Love v. Wells, 25 Ind. 503, 87 Am. Dec. 375; Duggan v. Ghamplin, 75 Miss. 441, 23 So. 179; Greene v. Godfrey, 44 Me. 25.
38 See supra, Sec. Sec. 5210, 1142; Hilton v. Haughton, 35 Me. 143.
39See cases cited supra, n. 33.
40 Jones v. Belle Isle, 13 Ga. App. 437, 79 S. E. 357; Pope v. linn, 50 Me. 83; Plaisted v. Palmer, 63 Me. 576; Day v. McAllister, 15 Gray, 433; Hinpurported to come to a binding agreement on Sunday cannot lessen the validity of their subsequent renewal of assent to the bargain; and this assent may clearly be found in acts as well as in words,41 The assent of both parties, however, is necessary, and there must be sufficient consideration for any executory undertaking. In other words, the terms of an agreement originally made on Sunday may subsequently be adopted by the parties on a secular day as the terms of a contract then made. In most, though not all of the cases supporting the proposition that a Sunday contract may be ratified, it will be found that these conditions existed.42