Sinnar v. Le Roy

• Sinnar = owner of a grocery store in Seattle, Washington
• State of Washington denied Sinnar's application to sell beer
• Le Roy = a friend of Sinnar who claimed that he had connection in the city government to obtain the beer license
• Le Roy reported to Sinnar that the beer license could be obtained with $450
• Le Roy took the $450, but he failed to get a beer license for Sinnar

• Sinnar sued Le Roy to recover his $450.
• Sinnar won in the trial court.

Must a defendant (Le Roy) plead illegality as a defense in order for the court to find a transaction void for illegality?

• Le Roy argued that the transaction was illegal.
• Sinnar argued that Le Roy hadn't raised the illegality defense at trial.

No. A court may independently investigate the illegality of a transaction without the defendant's pleading illegality as a defense.

Reversed

Justice Weaver: If a court finds illegality, it must leave the parties where it finds them.

Contracts_Ayres/9th_ed._Outline#H._Illegality_and_Public_Policy

Contracts/Illegality