Talley v. Mathis

In Talley v. Mathis, 265 Ga. 179, 453 S.E.2d 704 (Ga. 1995), the Georgia Supreme Court concluded an agreement to purchase a Kentucky lottery ticket and to share any proceeds could be enforced in a Georgia court. Although under Georgia law "gambling contracts are void," and although a "contract to do an immoral or illegal thing is void," because "the lottery was legal in Kentucky and the purchase by a Georgia resident of a ticket in that lottery would not necessarily be an immoral or illegal act," the contract was enforceable. 453 S.E.2d at 705. The court concluded Georgia public policy would not be violated by enforcement of the contract, stating: The only agreement that is alleged to have been reached . . . in Georgia was for the lawful purchase in Kentucky of a ticket in that state's lottery. The consideration for this agreement was the joint contribution of the purchase price of the ticket and the exchange of mutual promises to share in any resulting proceeds. There is nothing unlawful in either the agreement or the consideration. 453 S.E.2d at 706.