SINNAR V. LEROY
270 P.2d 800 (1954)
NATURE OF THE CASE: This was a suit for the return of money. LeRoy (D) challenged a decision, which entered judgment in favor of Sinnar (P), grocery store owner, in P's breach of contract action.
FACTS: P owned a grocery store and made prior applications for a license to sell beer. The license was denied. P talked to his neighbor, D, who indicated that he could get the license for $450. P was told by D that if he did not get a license, the $450 would be refunded. P did not get the license and sued D for the return of the $450. The only way to get a license was by state approval or by transfer of an existing license through the state but that no such transfer would be valid if it would result in a change of licensee and a change of location. D did not raise illegality as a defense. Judgment was given P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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