Opinion
Gen. No. 43,684. (Abstract of Decision.)
Opinion filed April 11, 1946 Released for publication May 16, 1946
CONTRACTS, § 149 — when recovery on illegal contract may be had. In action to recover money which plaintiff alleged defendant induced him, to pay to defendant on false representation that defendant would pay it to other persons for illegal purpose, and it appeared that defendant refused to repay such money and contended that contract was illegal and therefore unenforceable, held that under circumstances of case plaintiff's statement of claim constituted good cause of action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOSEPH H. McGARRY, Judge, presiding.
Judgment order reversed and cause remanded with directions. Heard in the second division, first district, this court at the February term, 1946.
Lambert Kaspers, for appellant;
Coghlan, Coghlan, for appellee;
Malachy J. Coghlan and John P. Coghlan, of counsel.
Not to be published in full. Opinion filed April 11, 1946; released for publication May 16, 1946.