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" ... where it is a simple question of capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action... "
The American State Reports: Containing the Cases of General Value and ... - Σελίδα 523
επεξεργασία από - 1889
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

National Bank Cases: Containing All Decisions of Both the Federal ..., Τόμος 2

Irving Browne - 1880 - 638 σελίδες
...charter, a party who has had the benefit of the agreement cannot be permitted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains." What is said in the text is...

The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ...

George Washington Field - 1881 - 620 σελίδες
...charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded upon it, to question its validity. It would be in the highest degree inequible and unjust to permit a defendant to repudiate a contract, the benefit of which he retains."...

The Pacific Reporter, Τόμος 17

1888 - 974 σελίδες
...court of the United States approvingly refers to the following language used by ilr. Sedgwiek in bis work on Statutory and Constitutional Law: "It must...highest degree inequitable and unjust to permit the défendent to repudiate a contract the fruits of which he retains. And the principle of this exception...

Federal Decisions: Cases Argued and Determined in the Supreme ..., Τόμος 3

1884 - 1126 σελίδες
...charter, a party who has had the benefit of the agreement cannot be permitted in an action founded upon it to question its validity. It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which he retains." What is said in the text is...

The Pacific Reporter, Τόμος 138

1914 - 1246 σελίδες
...contract" Manchester & LR Co. v. Concord R. Co., 66 NH 100, 20 Atl. 383, 9 LRA 689, 49 Am. St Rep. 582. "It would be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract, the benefit of which it retains." Sedgwlck on Statutes and Statutory...

Reports of Cases Argued and Decided in the Supreme Court of the ..., Βιβλίο 22

United States. Supreme Court - 1885 - 914 σελίδες
...charter, a party who has had the benefit of the agreement cannot be permitted in an action founded ou it to question its validity. It would be in the highest...person who has borrowed money of a savings institution U|X)n his promissory note, secured by a pledge of bank stock, is not entitled to an injunc tion to...

The Pacific Reporter, Τόμος 7

1885 - 940 σελίδες
...charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded upon it, to question its validity. It would be in the highest...defendant to repudiate a contract the fruits of which lie retains." The exception referred to is founded upon the fact that the contract, though invalid,...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 36

Louisiana. Supreme Court - 1885 - 1124 σελίδες
...demanding reimbursement, or satisfaction, to the full extent of his rights, from the benefited obligor. It would be, in the highest degree, inequitable and unjust to • permit a debtor to repudiate a contract, the fruit of which he retains. The penalty attached to an infraction...

Commentaries on the Law of Estoppel and Res Judicata, Τόμος 2

Henry Morrison Herman - 1886 - 952 σελίδες
...never permitted to allege any defect in the organization, as affecting its capacity to contract or sue. It would be in the highest degree inequitable and unjust to permit him to rescind a contract, the fruits of which he retains, and can never be compelled to restore.'...

The Southwestern Reporter, Τόμος 48

1899 - 1204 σελίδες
...Construction of Statutory and Constitutional Law (page 73) says: "Where It Is simply a question of authority to contract, arising either on a question...repudiate a contract, the fruits of which he retains." In Auorbach v. Mill Co.. 28 Minn. 29, 9 NW 801, It was held "that when an unauthorized contract has...




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