If an agreement is partially illegal and partially legal, and the illegal part can be separated from the legal part, then the last mentioned portion will be good and enforceable. If, however, the contract is in its nature indivisible, then the whole contract is void. "Where you cannot sever the illegal from the legal part of the covenant, the contract is altogether void; but where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good."60

An illustration of a contract which may be divided is that of the case of the sale of a number of articles, some of which it is illegal to sell; if each is sold for a separate price, the price of those which can be legally sold may be recovered.61