Vercellini v. U. S. I. Realty Co.

Lees, C.

The court was of the opinion that the case was controlled by the rule that when a statute imposes a penalty, not for the protection of the revenue but for the protection of citizens against fraud or imposition, it amounts to a prohibition of the act penalized, and a contract in violation of the statute is illegal. 1 Dunnell, Minn. Dig. § 1873; 13 C. J. p. 421; 6 R. C. L. p. 702. Appellant’s counsel frankly admits that he thinks the court was right, but adds that the realty company is now in the hands of a receiver, that there are hundreds of outstanding contracts identical in…