Suburban Home Mortgage Co. v. Hopwood

OPINION

By MILLER, J.

Submitted on application by the plaintiff-appellee for a rehearing.

We have again given this entire matter our most careful attention and are of the opinion tliat we carried the “clean hands” doctrine too far, as the Courts seem to recognize a distinction between illegal contracts based upon a considera*597tion that is “malum prohibitum” from those where it is “malum in se.” Our opinion correctly stated the law as to the latter but not as to the former.

The Real Estate Brokers’ Act defines obligations of, prescribes offenses and penalties against the broker or salesman of real…