2.
There are two kinds of contracts which are unlawful; those which are
void, and those which are not. When the law expressly prohibits the
transaction in respect of which the agreement is entered into and
declares it to be void, it is absolutely so. 3 Binn. R. 533. But when it
is merely prohibited, without being made void, although unlawful, it is
not void. 12 Serg. & Rawle, 237; Chitty, Contr. 230; 23 Amer. Jur. 1
to 23; 1 Mod. 35; 8 East, R. 236, 237; 3 Taunt. R. 244; Hob. 14. Vide
Condition; Void.
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