Opinion
Gen. No. 43,725. (Abstract of Decision.)
Opinion filed February 26, 1947 Rehearing denied March 12, 1947 Released for publication March 20, 1947
CONTRACTS, § 148 — courts as refusing to aid either party to unlawful contract. In damage action for breach of written contract, judgment would be entered for defendant where it appeared that contract was unlawful undertaking known by both parties to be in violation of Emergency Price Control Act and Regulations relating to sugar, since courts refuse to aid either party to unlawful contract, which rule is made for protection of public and not for benefit of parties.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. STANLEY H. KLARKOWSKI, Judge, presiding.
Judgment reversed and judgment here for defendant and against plaintiff. Heard in the third division, first district, this court at the April term, 1946.
Bernard P. Barasa, for appellant;
Ode L. Rankin, of counsel;
David Alswang and Melbourne A. Chapp, for appellee.
Not to be published in full. Opinion filed February 26, 1947; rehearing denied March 12, 1947; released for publication March 20, 1947.