This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Since an illegal covenant renders invalid the remaining covenants of an entire contract,1 and since an illegal contract or transaction can not be a consideration for a new promise, based thereon, it is generally held that unless there is a genuine dispute between the parties as to the facts which render the transaction legal or illegal, a submission of rights growing out of an illegal contract or transaction, is itself illegal and inoperative.2 While a different view is sometimes expressed,3 it is usually in cases in which it is possible that some rights might have arisen under the contract, whether contractual or quasi-contractual in their nature, which the law would recognize and enforce, or in cases in which the legality of the contract is itself the question which is in dispute.
7 See Sec. 721. 8 See Sec. 722.
9 See Sec. 2536.
10 See Sec. 2537.
11 See Sec. - .
1 See Sec. 1020 et seq.
2Aubert v. Maze, 2 B. & P. 371;
Benton v. Singleton, 114 Ga. 548, 58 L. R. A. 181, 40 S. E. 811; Hall v. Kim-mer. 61 Mich. 269, 1 Am. St. Rep. 575, 28 N. W. 96; Lum v. Fauntleroy, 80 Miss. 757, 92 Am. St. Rep. 620, 32 So. 290.
3 Davis v. Wentworth, 17 N. H. 567.