Sinnar v. Le Roy
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| Sinnar v. Le Roy | |
| Court | Washington Supreme Court |
|---|---|
| Citation | 270 P.2d 800 |
| Date decided | May 13, 1954 |
Facts
- 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
Procedural History
- Sinnar sued Le Roy to recover his $450.
- Sinnar won in the trial court.
Issues
Must a defendant (Le Roy) plead illegality as a defense in order for the court to find a transaction void for illegality?
Arguments
- Le Roy argued that the transaction was illegal.
- Sinnar argued that Le Roy hadn't raised the illegality defense at trial.
Holding
No. A court may independently investigate the illegality of a transaction without the defendant's pleading illegality as a defense.
Judgment
Reversed
Reasons
Justice Weaver: If a court finds illegality, it must leave the parties where it finds them.
Comments
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