Branigan v Saba - [1924] NZLR 481

Contract — Illegality — Agreement for Sale and Purchase of Leasehold and Stock in-trade to Person of Enemy Origin — Premises occupied by Purchase — Contract repudiated by Purchaser — Action by Vendor for Instalment of Purchase-money — Judgment for Purchaser on around of Illegality of Contract — Right of Vendor to then sue for Damages for Breach of Contract or for Compensation for Acts of Part-performance while ignorant of Illegality — Res judicata.