Denovelles v. Vasington

Connecticut Superior Court

Denovelles v. Vasington

16 Conn. Super. Ct. 97, 16 Conn. Supp. 97, 1949 Conn. Super. LEXIS 7

CourtConnecticut Superior Court

DecidedJanuary 20, 1949

DocketFile 18187

StatusPublished

This text of 16 Conn. Super. Ct. 97 (Denovelles v. Vasington) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Denovelles v. Vasington, 16 Conn. Super. Ct. 97, 16 Conn. Supp. 97, 1949 Conn. Super. LEXIS 7 (Colo. Ct. App. 1949).

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Opinion

DALY, J.

The defendant, by answer dated and filed Novem' ber 10, 1948, alleged that the agreement referred to in the com' plaint purports to be an agreement which contravenes the statu' tory or fundamental law of this state and is an illegal agreement.

It was agreed by the parties, after the demurrer was argued, in order that the demurrer may raise the question sought to be determined, that the answer might be amended. This has been done and this matter is now considered in the same way it would have been had the amendment to the answer been filed before the demurrer.

The complaint in substance alleges an agreement between the parties whereby a liquor license was to be obtained by the defend' ant, the permittee, and the plaintiff as a partner was to share in the profits. It is clear from the complaint that the agreement did not provide that the parties should act in accordance with the statutes of this state.

*98 ■ In Tator v. Valden, 124 Conn. 96, at page 101, the following appears: Tt is unquestionably the general rule, upheld by the great weight of authority, that no court will lend its assistance in any way toward carrying out the terms of a contract, the inherent purpose of which is to violate the law. In case any action is brought in which it is necessary to prove the illegal contract in order to maintain the action, courts will not enforce it, nor will they enforce any alleged right directly springing from such contract, but if both parties are in pari delicto, the law will leave them where it finds them. McMullen v. Hoffman, 174 U. S. 639, 654, 19 Sup. Ct. 839, 845. Vaszauskas v. Vaszauskas, 115 Conn. 418, 423, 161 Atl. 856. ... As was pointed out in Sagal v. Fylar, 89 Conn. 293, 295, 93 Atl. 1027, whether or not this rule, thus broadly stated, may be subject to any limitations, where the undertaking contracted for is itself forbidden by a statute making clear the Legislature’s intention to prohibit that which the parties are seeking to accomplish, it squarely applies.”

The demurrer is overruled.

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DALY, J.

The defendant, by answer dated and filed Novem' ber 10, 1948, alleged that the agreement referred to in the com' plaint purports to be an agreement which contravenes the statu' tory or fundamental law of this state and is an illegal agreement.

It was agreed by the parties, after the demurrer was argued, in order that the demurrer may raise the question sought to be determined, that the answer might be amended. This has been done and this matter is now considered in the same way it would have been had the amendment to the answer been filed before the demurrer.

The complaint in substance alleges an agreement between the parties whereby a liquor license was to be obtained by the defend' ant, the permittee, and the plaintiff as a partner was to share in the profits. It is clear from the complaint that the agreement did not provide that the parties should act in accordance with the statutes of this state.

*98 ■ In Tator v. Valden, 124 Conn. 96, at page 101, the following appears: Tt is unquestionably the general rule, upheld by the great weight of authority, that no court will lend its assistance in any way toward carrying out the terms of a contract, the inherent purpose of which is to violate the law. In case any action is brought in which it is necessary to prove the illegal contract in order to maintain the action, courts will not enforce it, nor will they enforce any alleged right directly springing from such contract, but if both parties are in pari delicto, the law will leave them where it finds them. McMullen v. Hoffman, 174 U. S. 639, 654, 19 Sup. Ct. 839, 845. Vaszauskas v. Vaszauskas, 115 Conn. 418, 423, 161 Atl. 856. ... As was pointed out in Sagal v. Fylar, 89 Conn. 293, 295, 93 Atl. 1027, whether or not this rule, thus broadly stated, may be subject to any limitations, where the undertaking contracted for is itself forbidden by a statute making clear the Legislature’s intention to prohibit that which the parties are seeking to accomplish, it squarely applies.”

The demurrer is overruled.

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Bluebook (online)

16 Conn. Super. Ct. 97, 16 Conn. Supp. 97, 1949 Conn. Super. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denovelles-v-vasington-connsuperct-1949.

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