What is the burden of proving illegality in a contract?
MultiRegion, United States of America
The following excerpt is from Washington Capitols Basketball Club, Inc. v. Barry, 419 F.2d 472 (9th Cir. 1969):
As no illegality of the contract is disclosed by plaintiff's complaint or the contract itself, illegality is an affirmative defense and defendants-appellants have the burden of pleading and proof. Eaton v. Brooks, 124 Cal.App.2d 10, 268 P.2d 58, 60 (1954).
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