Summary
In Metzger, the court held that a party's promise to allow his wife to obtain a divorce in consideration for the release of a debt was an illegal promise which rendered the contract unenforceable.
Summary of this case from Gordon v. BauerOpinion
Gen. No. 41,946. (Abstract of Decision.)
Opinion filed April 20, 1943
CONTRACTS, § 153 — partial illegality of consideration as rendering entire contract invalid. Where, in action to revive judgment, judgment debtor interposed defense that judgment had been released in consideration of his promise to allow his wife, who was the daughter of judgment creditor, to secure a divorce on fraudulent grounds, and to forego proceedings against plaintiff for alienation of his wife's affections, trial court properly directed verdict and entered judgment thereon against judgment debtor, such defense being untenable, as under law of contracts, if any part of consideration upon which a promise rests is illegal, entire promise fails.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. GROVER C. NIEMEYER, presiding.
Judgment affirmed. Heard in second division, first district, this court at October term, 1941.
Alfred M. Loeser, for appellant;
Leonard W. Koplin, of counsel;
Winston, Strawn Shaw, for appellee;
James H. Cartwright and Frank B. Gilmer, of counsel.
"Not to be published in full." Opinion filed April 20, 1943.