Friday, March 23, 2012

Karpinski v. Gene Collins and Ruth Collins case brief

Karpinski v. Gene Collins and Ruth Collins; (CA Ct of Appeal, 1967); CB 389; Notes 47
Milk contract; illegal contract is void (restitution still possible)
  • Facts: illegal Grade A milk pricing scheme, other illegal provisions
  • Rule: can’t recover expectation damages for an illegal K. Even if agreement meets all of the standards of a K, courts will not enforce illegal Ks or clauses
  • Damages: all of the $ D accured under the agreement b/c the K wasn’t legitimate
  • Holding: both parties equally at fault (in pari delicto)

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