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" Where it is a simple question of 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 founded upon it... "
The Doctrine of Ultra Vires: Illustrated and Explained by Selected Cases ... - Side 361
av George Washington Field - 1881 - 600 sider
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volum 90

Iowa. Supreme Court - 1895 - 836 sider
...charter, a party who has had the benefit of the agreement can not be permitted, in an action founded on it, to question its validity. It would be in the highest degree inequitable and unjust to permit the defendant to repudiate a contract, the fruits of which he retains. And the principle...
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The Pacific Reporter, Volum 7

1885 - 1002 sider
...founded upon it, to question its validity. It would be in the highest degree inequitable and unjust to permit the defendant to repudiate a contract the fruits of which he retains." The exception referred to' is founded upon the fact that the contract, though invalid, has been executed...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 98

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898 - 780 sider
...The American Savings & Loan Association and others. be in the highest degree inequitable and unjust to permit the defendant to repudiate a contract the fruits of which he retains." Sedgwick, Construction of Stat. & Const. La\v, 73. In 2 Beach, Priv. Corp. §425, the subject is fully...
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The Northeastern Reporter, Volum 21

1889 - 1148 sider
...ground. He NORTHEASTERN REPORTER, VOL. 21. has had the full benefit of the contract, and therefore cannot be permitted, in an action founded upon it, to question its validity. The principle of estoppel, upon which this rule stands, has been recognized and applied in a uniform...
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United States Supreme Court Reports, Volum 25

United States. Supreme Court - 1901 - 1086 sider
...organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded upon it, to question its validity. I No. 128.] Argued Jan. 16, 1879. Decided Jan. 27, 1879. In error to the Supreme Court of the State...
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