Vagim v. Brown

Plaintiff prosecuted this action against defendant to recover damages because of defendant’s failure to deliver raisins to plaintiff under a written contract. Plaintiff recovered judgment and defendant appealed.

The appeal is based upon two grounds: (1) that plaintiff was doing business under a fictitious name without compliance with the terms of the statute; and (2) that the contract itself was unlawful and void and known by plaintiff to be unlawful at the time the contract was signed by the plaintiff, and for that reason cannot be enforced.

Plaintiff alleged in the complaint that he “was…