Miller v. Radikopf

Plaintiff filed suit asking that the defendant account for certain monies claimed owing to plaintiff and that a constructive trust in favor of plaintiff be impressed upon that amount. On November 13, 1972, the trial court granted the defendant’s motion for summary judgment on the basis that no cause of action was stated, and more specifically that the agreement by which the money was claimed owing to plaintiff was illegal and unenforceable. Plaintiff appeals of right.

The complaint alleges that plaintiff and defendant sold tickets to the Irish Sweepstakes under an arrangement by which they…