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.