This section is from the book "A Commentary On The Law Of Contracts", by Francis Wharton. Also available from Amazon: A Commentary On The Law Of Contracts.
Unlawfulness and indictability not convertible, sec 335.
Void contracts distinguished from illegal, sec 336.
Where a contract is susceptible of an illegal and a legal construction, the latter is to be adopted, sec 337.
Illegal stipulations may be severed from legal, sec 338.
Divisibility of insurances, sec 338 a.
Concurrence of other considerations no defence, sec 339.
Party to illegal agreement cannot sue on it, sec 340.
So of money contributed to illegal purposes, sec 341.
And of price of goods contributed to illegal purposes, sec 342.
Mere knowledge that supply goes to illegal purpose does not preclude recovery, sec 343.
Complicity and illegality may be infe-rentially shown, and by preponderance of proof, sec 344.
No distinction as to turpitude of offence, sec 345.
Complicity in collateral matters not to be imputed, sec 346.
Illegality does not attach in rem, or to parties without notice, sec 347.
Landlord cannot recover rent of house to be illegally used, sec 348.
Parnership in illegal enterprise will not be enforced, sec 349.
Iusurances on illegal voyages are void, and so of illegal sales, sec 350.
Subsequent securities infected with illegality, sec 351.
Executed contract cannot be overhauled on account of illegality, sec 352.
Complicity does not bar dupes or victims, sec 353.
Money paid on executory illegal agreement may be recovered back, sec 354.
Goods deposited for an illegal purpose may be recovered back, sec 355.
But not when the mere supply was a crime, sec 356.
Agent cannot hold back from principal on the ground that transaction was illegal, sec 357.
 
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