Roush v. Battin

The defendant’s answer admitted that on August 31, 1935, he and the plaintiff entered into an agreement to marry within a reasonable time thereafter. He based his defense -upon a mutual rescission of the agreement and other matter not relevant to this discussion. The trial court entered judgment for the defendant at the conclusion of plaintiff’s testimony upon the ground that a part of the consideration for the defendant’s promise consisted of illicit cohabitation between the parties, and that the contract was therefore void.

The trial court did not make findings of fact and conclusions of…