 | Arkansas. Supreme Court - 1916 - 700 sider
...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 sider
...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 sider
...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 sider
...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 sider
...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 sider
...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 sider
...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.... | |
 | Anthony Jennings Bledsoe - 1903 - 500 sider
...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...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... | |
 | 1903 - 1180 sider
...charter, a party who has had the benefit of the contract cannot be permitted, in an action founded upon it, to question its validity. 'It would be in the highest degree inequitable and unjust,' says Mr. Sedgwick, 'to permit the defendant to repudiate a contract, the fruit of which he retains'... | |
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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... 
