Morrison v. Bandt

The opinion of the court was delivered by

Thiele, J.:

The issue in this appeal is whether appellant’s cause of action grew out of an illegal agreement in restraint of trade so as to render the note and mortgage sued on void or whether the note and mortgage were separable and distinct contracts and not tainted with illegality. The question arises from rulings on demurrers of the plaintiffs to answers of the defendants.

Plaintiffs brought an action to recover on a note for $5,000, dated June 26,1931, made by the defendants Bandt, secured by a mortgage *943on real estate in Phillipsburg, Kan., and to…