Reed v. Johnson

Citations

• 27 Wash. 42
• 57 L.R.A. 404
• 67 P. 381
• 1901 Wash. LEXIS 460

Syllabus

<p>CONTRACTS — AGAINST PUBLIC POLIQY-SPECIFIC PERFORMANCE.</p> <p>One who enters into a contract in behalf of himself and as agent or trustee for certain officers of a railway corporation, agreeing with the owner of land to locate a line of railway and a depot upon his land in consideration of the conveyance of one half of the land to such person, who was to sell same and divide the proceeds with such railway officers, cannot enforce specific performance of the contract, for- the reason that it is in violation of public policy.</p> <p>SAME-WAIVER OF ILLEGALITY.</p> <p>The failure to plead the illegality of a contract by reason of its being against public policy does not constitute a waiver of such objection, but whenever such illegality appears at any stage of the action it is the duty of the court to refuse to enforce it.</p> <p>SAME — ESTOPPEL.</p> <p>The fact that one party to a contract has dealt with the other thereunder does not estop him from raising the objection of its illegality.</p> <p>SAME-LOSSES UNDER CONTRACT-RIGHT OF RECOVERY.</p> <p>Although not estopped to raise the illegality of a contract, neither party can recover for losses thereunder, but the law will leave the parties where it finds them.</p>