| 1885 - 550 sider
...111. 418; Rutland & UR Co. v. Proctor, 29 Vt. 93. lu the first of these oases the court say : " It ia now very well settled that a corporation cannot avail...performed by the other party, and the corporation has bad the full benefit of the performance and of the contract. If an action cannot be brought directly... | |
| South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - 614 sider
...they were not illegal in a sense that would prevent the maintenance of an action thereon. It is now well settled that a corporation cannot avail itself...by the other party, and the corporation has had the benefit of the performance of the contract. As has been said, corporations, like natural persons, have... | |
| 1897 - 642 sider
...obligations under the contract, this plea will not avail. "A corporation may not avail itself of the defence ultra vires when the contract has been in good faith fully performed by the other party, and it has had the full benefit of the performance and of the contract": A. & E. Enc. of Law, vol. 27,... | |
| 1906 - 1122 sider
...Eastern Building Association v. Williamson, 1S9 US 122, 23 Sup. Ct. 527, 47 L. Ed. 735. "It Is now well settled that a corporation cannot avail itself...performed by the other party, and the corporation has hud the benefit of the performance and of the contract • • * It may be that, while a contract remains... | |
| 1888 - 1906 sider
...that it could make would restore the status of the two corporations. It is a well-settled principle "that a corporation cannot avail itself of the defense...contract has been in good faith fully performed by the party , and the corporation has had the full benefit of the performance of the contract." Arms Go.... | |
| New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1881 - 702 sider
...258. " It is now well settled, that a corporation cannot avail itself of the defence of ultra rim, when the contract has been, in good faith, fully performed by the other party, and the corporation 1ms had the full benefit of the performance and of the contract." Whitney Arms Co. v. Barlow, 63 NY... | |
| 1899 - 1206 sider
...prevail when It will not advance justice, but on the contrary will accomplish a legal wrong. It Is very well settled that a corporation cannot avail...ultra vires when the contract has been in good faith performed by the other party, and the corporation has had full benefit of the performance of the contract... | |
| 1913 - 1236 sider
...receives a telegram to be transmitted over its telegraph line, and receives a valuable benefit therefrom, cannot avail itself of the defense of ultra vires,...in good faith fully performed by the other party. [Kd. Note. — For other cases, see Corporations, Cent. Dig. §§ 1556-1567 ; Dec. Dig. i 3S8.*] Appeal... | |
| 1914 - 1246 sider
...lack of authority of one of its principal officers to bind it In that particular respect " • • • It is now very well settled that a corporation cannot...itself of the defense of ultra vires when the contract in good faith, has been fully performed by the other party, and the corporation has had the full benefit... | |
| 1886 - 1338 sider
...Waterman, in his late excellent treatise upon the specific performance of contracts, says that it is now settled that a corporation cannot avail itself of the defense of ultra vires, when the contract has l>een in good faith fully performed by the other party, and the corporation has had the full benefit... | |
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