Any fact going to show that a contract was not obligatory, though executed, may be pleaded as a defense.
(Orig. Code 1863, § 2797; Code 1868, § 2805; Code 1873, § 2856; Code 1882, § 2856; Civil Code 1895, § 3706; Civil Code 1910, § 4300; Code 1933, § 20-901.)
RESEARCH REFERENCES
C.J.S.
- 17 C.J.S., Contracts, § 17.
ALR.
- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646.
Validity and enforceability of contract, the making or performance of which involves breach of a contract made by one of the parties with a third person, or impairs his ability to perform such contract, 83 A.L.R. 32.
Estoppel of grantee or mortgagee as to amount of prior mortgage recited, 141 A.L.R. 1184.
Insurer's statements as to amount of dividends, accumulations, surplus, or the like as binding on insurer or merely illustrative, 17 A.L.R.3d 777.