Goodman v. McGehee

Citations

• 31 Tex. 252

Syllabus

<p>Confederate treasury notes were promises of the Confederate States to pay a certain number of dollars therein mentioned to bearer, within a specified time, after a treaty of peace between the Confederate States and the United States, and as such they were intended to aid the rebellion, were in violation of the constitution of the United States, and were illegal and void.</p> <p>If any part of the entire consideration for a promise, or any part-of an entire promise, be illegal, whether by statute or at common law, the whole contract is void, and every executory contract, the consideration of which is illegal on either side, is void.</p> <p>Parol evidence to' show that a contract is founded on an illegal consideration is admissible.</p> <p>If a contract be illegal, it may be avoided by a proper plea, even though it be a specialty, and the illegality be not apparent on the face of the instrument. Confederate money, whether it forms the consideration on the part of the obligor or obligee, is illegal.</p> <p>[Litosat, I., concurred, but said: “I cannot agree that a contract, the consideration or performance of which is illegal, is void.”]</p>