Lowenburg v. Klein

Citations

• 125 Miss. 284
• 87 So. 653

Syllabus

<p>1. Conteacts. Courts will not grant relief on illegal contract when parties in pari delicto.</p> <p>When an action is based upon a contract which is in violation of the laws of the state, and the parties to the action are in pari delicto, ourt courts will not entertain a suit for the relief of either against the other, hut will leave them in their respective conditions.</p> <p>2. Injunction. Attorney’s fees not allowable on dissolution of injunction to enforce illegal agreement.</p> <p>Since the courts will not grant relief to either party to an illegal contract, when a suit for injunction is based upon an illegal agreement, and the parties thereto are in pari delicto, attorney’s fees should not be allowed to the defendant upon the dissolution of the injunction.</p>