Blandi v. Pellegrini

Citations

• 60 Pa. Super. 552
• 1915 Pa. Super. LEXIS 242

Syllabus

<p>Contract — Illegal contract — Sale of liquor — Evidence.</p> <p>' As a general proposition, knowledge by the vendor of goods sold in another state that the vendee intends to use them in violation of the laws of this State, is not sufficient to invalidate the contract,, when sought to be enforced here, unless the vendor does something in aid of the illegal design of the vendee, and if he does, he cannot recover for the price of the goods sold. If it appear from the plaintiffs evidence that the vendor aided in the prosecution of the illegal design, it is the duty of the court to withdraw from the jury any consideration of the contract and direct a compulsory non-suit.</p> <p>If a contract is founded on an illegal transaction, and suit is brought for goods sold and delivered, it is immaterial what the defense to the contract'may be. The fact that the defendant'claims agency will not prevent the court from striking down such contract, and declaring it void as against public policy. It is not necessary for the defendant to specially plead the illegality of the transaction.</p> <p>In an action to recover for .liquor sold and delivered where it appears that the vendor is a nonresident of the State, and the vendee. a resident, and that neither is licensed in Pennsylvania, and the evidence is conflicting as to whether the sale was made in Pennsylvania, or in the state of the vendor’s residence, the jury should be instructed, that if they find that the sale was made in Pennsylvania, the contract is an illegal act, and the plaintiff can not recover.</p>