- Facts: Deal over house of prostitution. D argues that since the sale was in furtherance of something illegal the court should not enforce. K itself was for sale of property.
- Holding: mere knowledge that the premises will be used for unlawful purpose does not make one a participant in that purpose.
- Rule: Ks that make illegal conduct possible, but not the actual illegal conduct itself, are often enforceable.
- Commentary: If party of the sale was for a house of prostitution (customer lists, etc), this would be unenforceable b/c it would be sale of illegal business enterprise. This was a sale of something distinct from the business. What if the court had found the K unenforceable? The D would have gotten the business fro basically free. Why should we let purchaser keep the property without paying for it? Does that discourage illegal activity?
Friday, March 23, 2012
Edna Carroll v. Agnes Beardon case brief
Edna Carroll v. Agnes Beardon; (Sup. Ct. of MO, 1963); CB 384; Notes 47
Ks that make illegal conduct possible, but not the actual illegal conduct itself are enforceable
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