115 Ky. 561 | Ky. Ct. App. | 1903
Opinion op the court by
Affirming.
The appellee, Flora Edmonds, instituted this action in the Todd circuit court to recover damages of the appellee for a breach of his contract to marry her. The facts stated in the petition constitute a valid cause of action. Appellee, in his answer, admits his promise to marry appellant, as alleged in the petition, but pleads as a defense: First. That the consideration for the contract was the agreement by appellant to then and there have illicit intercourse with him, and that his-promise was made upon no
In Beach on the Modern Law of Contracts, section 1553, it is said: “A contract made in. consideration of future illicit sexual intercourse is void, and the woman can not recover under such contract, although it has been performed on her part.” In Parsons on Contracts, star page 66, the rule is thus stated: “But it would seem on general principles to be a good defense [to an action for breach of promise to marry] that the promise was made on condition that the plaintiff would commit fornication with the defendant; for such a promise might be void as founded upon an illegal consideration.” In Baldy v. Stratton, 11 Pa., 316, the court say: “A promise to marry on condition of illicit intercourse is illegal, and a consideration that will not support a promise. A promise to marry on an illegal consideration is virtually void.” In the case of Judy v. Sterrett, 52 Ill.
We conclude, then, from these authorities, that each of the three defenses set up by the appellee in his answer, if true, constitute a valid bar to the cause of action contained in the petition. These principles of law were all fairly presented to the jury in the instructions, which after a careful examination, we think were as liberal to the appellant’s interest as .she was entitled, and that the evidence justified the verdict rendered by the jury.
Wherefore the judgment is affirmed.