Upon the principle that finds expression in the maxim of equity, "He who comes into equity must come with clean hands," restitution should not be enforced in favor of one who, in the course of the transaction giving rise to his claim, was guilty of serious misconduct toward the person from whom he seeks to recover. The point has been made against one who willfully violates an enforceable contract or who refuses to proceed with the performance of a contract which is unenforceable under the Statute of Frauds. The question will therefore be considered in the chapters dealing with the obligation to make restitution in those two classes of cases (post, Sec. Sec. 93 et seq., 162 et seq.).
1 See McClary v. Michigan, etc., R. Co., 1894, 102 Mich. 312; 60 N. W. 695, in which a recovery was allowed for services rendered under a mistake as to the plaintiff's contractual duty to a third person.