Sec. 235g. Sunday Statutes Which Do Not Affect Sunday Contracts

Under the Florida statute,33 it was said that, "The execution of a note, mortgage, or other contract requires neither manual labor nor any animal or merchanical power, and we do not think that their execution on Sunday is prohibited by this statute, and that, consequently, the validity of any contract made in this state is not affected by the fact that it was executed or delivered on Sunday. The purpose of our statute, when all of its provisions are considered, seems to be to prohibit the performance on Sunday only of those works or pursuits that from their nature have to be performed in public, and that may, therefore, be offensive to the sensibilities of the Christian community in which they are carried on, if followed on the Lord's Day."34

3227 Penn. St. 90 (1856).

33 Sec.3565, Fla. Gen. St. 1906.

34 Hooks v. State, 58 Fla. 57; 50 So. 586 (1909); citing 1 Page on Contracts, Sec. 455, 456; Bloom v. Richards, 2 Ohio St. 387; Johnson v. Brown, 13 Kan. 529; Horacek v. Keebler, 5 Neb. 355; Ray v. Catlett, 12 B. Mon. (Ky.) 532; Boynton v. Page, 13 Wend. (N. Y.) 425; Moore v. Murdock, 26 Cal. 515; Roberts v. Barnes, 127 Mo. 405; 30 S. W. 113; 48 Am. St. Rep. 640; Hellams v. Al.ercrombie, 15 S. C. 110; 40 Am. Rep. 684; Fitzgerald v. Andrews, 15 Ncb. 52; 17 X. W. 370.