34. General effect of illegality.

It has been held that an agreement for an illegal partnership will not be specifically enforced, even though partly performed1, nor can damages be recovered for breach of it2; and, if the whole purpose of the partnership is illegal, the court will not recognise it, or enforce any rights which the supposed partners would otherwise have3, especially where the parties have agreed to enter, as partners, into a transaction which they know to be illegal4. Therefore, a claim will not lie for an account of profits of illegal underwriting5, even though the defendant does not plead the illegality, if