Sinnar v. Le Roy
Supreme Court of Washington, Department 2
270 P.2d 800 (1954)
Relevant factsFree
After Sinnar's (plaintiff) beer-license application was denied, his friend Le Roy (defendant) claimed he could get a license through a city contact for $450, guaranteeing he would either procure the license or return the money; Le Roy gave the money to the contact but never obtained the license or returned the funds, and the trial court, with neither party raising illegality, ruled for Sinnar to enforce the guarantee.
IssueFree
Whether, if evidence presented in court tends to establish the presence of serious illegality in the making of a contract, the court may independently consider the illegality, even if no defense of illegality was raised by the contracting parties.