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Consideration Void in Part


CONSIDERATION VOID IN PART. Where the consideration is void in part, and is entire in character and inseparable, then the whole contract fails. Equally so, if a promise is entire and not in writing, when a part of it is required to be in writing by the statute of frauds, it fails entirely because of the void part. But where the consideration is separable, or there are several considerations, and one is frivolous or fails, but is not illegal, the contract may stand be cause of the rest, unless the remaining considerations are inadequate.

If any part of a consideration, whether entire or sep arable, be illegal, the promise will fail because it is against public policy to enforce a promise obtained by an illegal act. Thus where a promissory note was given in payment of an account, some of whose items were for groceries, and others for liquors sold in vio lation of the statute, it was held that the note was void entirely. (\Vidoe v. Webb, 20 0. St. 431.)