time the property included a house, as well as space for a tire shop. The terms of the contract for deed were $25,000 as the purchase price with a $10,000 down payment and equal monthly installments over a ten-year period. In 1974 the property was purchased in Harlan's and LaDonna's names, but the $10,000 down payment came from the account Milton established. The $13,800 remaining in the account was partially used to pay for the construction of a tire store on the property. Harlan and LaDonna executed a quitclaim deed and Harlan gave a copy to Milton. Milton testified that the original was to be delivered when the contract for deed was paid off. The contract was paid off on February 4, 1982, and the warranty deed fromeach case is whether the policy against the unjust enrichment of the grantee is outweighed *57 by the policy against giving relief to the payor who has entered into an illegal transaction.
. . . . .
The rule is likewise stated in the Restatement of the Law of Trusts, section 422, as follows: "Where the owner of property transfers it inter vivos upon an intended trust which fails for illegality, a resulting trust does not arise if the policy against permitting unjust enrichment of the transferee is out-weighed by the policy against giving relief to a person who has entered into an illegal transaction."
As stated in the Comments in the Restatement, "... It is impossible to state a definite rule which will determine in all cases whether a resulting