D'Orio v. Jacobs

This is an action to recover $202.50, the purchase price of certain Advertoshare game boards, the price and purchase of which are admitted, but, as an affirmative defense, it is pleaded that the goods sold were devices for use and to be used for gambling or lottery purposes, for a gift enterprise or for games of chance in violation of the constitution and statutes of this state and certain ordinances of the city of Seattle; that therefore the sale and purchase was illegal and void and the purchase price is not in law recoverable.

The plaintiff had judgment below for the full amount demanded,…