Lavecchia v. Tillman

Holden, J., delivered the opinion of the court. This case is controlled by the rule announced by this court in Mitchell v. Campbell, 111 Miss. 806, 72 So. 231. The demurrer of the plaintiff below to the plea of the defendant alleging an illegal and void contract should have been overruled, as the plea presents a good defense to the action, and may be proven by oral testimony. Reversed and remanded.