 | 1926 - 1626 sider
...statute. And, in construing the Louisiana statute, the court in Kent v. Mojonier (La.) supra, said that it would be in the highest degree inequitable and unjust to permit a debtor to repudiate a contract the fruit of which he retained ; and that the penalty could not be... | |
 | California. Supreme Court - 1906 - 786 sider
...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 fruits of which he retains." (Sedg. on Con. and Stat. Law, 90.) In Silver Lake Bank v. North, (4 John. Ch. R. 370) where it was... | |
 | 1885 - 1002 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... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1898 - 780 sider
...it, to question its validity. It would Lewis vs. The American Savings & Loan Association and others. be in the highest degree inequitable and unjust 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... | |
 | 1906 - 1052 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 degree Inequitable and unjust to permit a defendant to repudiate a contract the benefit of which he retains." Chattanooga Building Association... | |
 | United States. Supreme Court - 1901 - 1086 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 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... | |
 | 1913 - 772 sider
...charter, the party who hahad 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," proceeded to say: "What is said... | |
 | 1926 - 1630 sider
...statute. And, in construing the Louisiana statute, the court in Kent v. Mojonier (La.) supra, said that it would be in the highest degree inequitable and unjust to permit a debtor to repudiate a contract the fruit of which he retained; and that the penalty could not be... | |
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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... 
