Williams Mfg. Co. v. Prock

HUTCHESON, Chief Judge,

specially concurring.

The rule that denies relief to a party to an illegal contract upon the maxim, In pari delicto potior est conditio defendentis, “is adopted, not for the benefit of either party and not to punish either of them, but for the benefit of the public.” Lewis v. Davis, 145 Tex. 468, 477, 199 S.W.2d 146, 151.

“There is often involved, in reaching a decision as to granting or withholding relief, the question whether the policy against assisting a wrongdoer outweighs the policy against permitting unjust enrichment of one party at the expense of the other. The…