Schara v. Thiede

It was apparent to the trial judge, from the evidence adduced at the hearing, that the parties had in fact entered into an illegal contract. Nevertheless, he concluded that the illegality of the contract did not constitute a defense against Schara’s claim. The contract on its face discloses no illegality. It provides merely for the employment of Schara as the manager of Thiede’s tavern until June 30, 1970, with Schara to receive a one-year lease of the premises thereafter on the condition that the premises remain licensed to operate as a tavern. Taken literally, the contract was legal, and a…