 | 1888 - 972 σελίδες
...Toumnhip of Pine вгосе v. Tali-ott, 19 Wall. 666, 678, and in the case of Bank v. Mathtws, 98 US 621, 629, the supreme court of the United States...highest degree inequitable and unjust to permit the défendent to repudiate a contract the fruits of which lie retains. And the principle of this exception... | |
 | 1888 - 1022 σελίδες
...case of Bank v. Mathews, 98 US 621, 629, the supreme court of the United States approvingly refera to the following language used by Mr. Sedgwick in...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... | |
 | Arkansas. Supreme Court - 1916 - 700 σελίδες
...not 'be permitted in an action founded upon it to question its vaABK.] § WATTS v. HICKS. 621 lidity. It would 'be in the highest degree inequitable and unjust to permit a defendant to repudiate a contract the benefit of which he retains.'' While this is not strictly a... | |
 | 1890 - 1270 σελίδες
...under It, the contract will not be canceled without the city returning the benefits it has accepted. It would be In the highest degree Inequitable and unjust to permit the city to repudiate the contract and retain the benefits. It appears from the records before us that... | |
 | Thomas Carl Spelling - 1892 - 812 σελίδες
...strong case required to defeat a recovery of borrowed money,— The circumstances of a transaction must subject to the equitable exception that, although...repudiate a contract the fruits of which he retains." 1 See^amsh v. Wheeler, 22 NY 494; Bissell v. Mich. Southern, etc., RK Co., Id. «4. The case of Bradley... | |
 | Iowa. Supreme Court - 1899 - 878 σελίδες
...charter, a party who has had the benefit of the agreement cannot bo 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." This language is quoted with... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1901 - 836 σελίδες
...531, 38 NE Rep. 236; Arms Co. v. Barlow, 63 NY 62; Bank v. Mathews, 98 US 628, 62q, 25 L. Ed. 188. 'Where it is a simple question of capacity or authority...repudiate a contract, the fruits of which he retains.' Sedg. St. & Const. Law, 73. In 2 Beach, Priv. Corp. § 425, the subject is fully considered, and numerous... | |
 | 1901 - 1276 σελίδες
...replied that at that time they were unable to say how much more than 5,000,000 pieces they would need. It would be in the highest degree inequitable and unjust to permit the defendants to obtain the full benefit of the low prices given them, and be relieved of the obligation... | |
 | West Virginia. Supreme Court of Appeals - 1902 - 832 σελίδες
...the charter, a party who has had the benefit of the agreement cannot be permitted in an action 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 still retains." Union National Bank v.... | |
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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... 
