Charles Weaver Co., Inc. v. Phares

The appellant suggests that we erred in awarding the appellee any recovery at all; that we should have held that no portion of its promise to reimburse the appellee for the expense incurred by him under his contract to clear and grub a part of the highway is enforceable. The reason given therefor is that as a part of this expense for which reimbursement was promised was illegally incurred, the entire promise was thereby void. In support of this, the appellant cites cases holding that where a part of the consideration for a promise is illegal, the promise is void.

The illegality here is not in…