METZGER v. TIDD

CONTRACTS, § 153 — partial illegality of consideration as rendering entire contract invalid. Where, in action to revive judgment, judgment debtor interposed defense that judgment had been released in consideration of his promise to allow his wife, who was the daughter of judgment creditor, to secure a divorce on fraudulent grounds, and to forego proceedings against plaintiff for alienation of his wife's affections, trial court properly directed verdict and entered judgment thereon against judgment debtor, such defense being untenable, as under law of contracts, if any part of consideration upon which a promise rests is illegal, entire promise fails.

Opinion by PRESIDING JUSTICE SULLIVAN.

"Not to be published in full." Opinion filed April 20, 1943.