Silke v Goode [1911] ZATPD 148 (3 November 1911)

Contract - lllegality - When demand connected with illegal transaction is enforceable - Gaming - Promise to Repay Money deposited for purpose of illegal stake

When a demand connected with an illegal transaction can be sued on without having recourse to the illegal transaction, the demand is enforceable at law.

The appellant handed over £25 to the respondent for the purpose of staking it on a prize fight. The respondent failed to stake it, and thereafter promised the appellant to repay the money to him.

Held, that such promise was founded upon a sufficient causa, and, as the promise could be proved without recourse to the prize fight transaction, an action on it was enforceable at law.