May v. Herron

Plaintiff appeals from a judgment in favor of defendants. The action was one to recover a balance due upon a contract in writing, whereby plaintiff agreed to construct for defendants a residence building, and to impose a mechanic’s lien on the property so improved. The illegality of the contract was not pleaded as a defense by the defendants. Nevertheless from evidence developed in the trial of the action the court made findings from which it concluded that the entering into and performance of the contract were in violation of Federal Priorities Regulation No. 33 and therefore illegal and…