 | Theodore Sedgwick - Constitutional history - 1857 - 770 pages
...charter, a party who has had the benefit of the agreement cannot 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. f And the principle... | |
 | Theodore Sedgwick - Constitutional history - 1857 - 774 pages
...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.f And the principle of this exception has been extended to other cases. So a person who has... | |
 | New York (State) - 1867 - 1086 pages
...loan. When it is a question of capacity to contract, a party who has had the benefit of the contract cannot be permitted in an action founded upon it to question its validity (Steam Navigation. Co. v. Weed, 17 Barb. 378). a. A. positive denial in an answer will not prevail... | |
 | United States. Supreme Court - Law reports, digests, etc - 1874 - 728 pages
...charter, a party who has had the benefit of the agreement cannot 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 * Qelpcku r. Dubuque, 1 Wallace, 175. f Bulz v. Muscatine, 8 Wallace,... | |
 | Theodore Sedgwick - Constitutional law - 1874 - 750 pages
...charter, a party who has had the benefit of the agreement cannot 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, f And the principle... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1875 - 674 pages
...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 of... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 696 pages
...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...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... | |
 | Law - 1879 - 552 pages
...power conferred by the cha-- ter, a party who had the benefit of the agreement can not be permuted in an action founded upon it to question its validity....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... | |
 | Irving Browne - National banks (United States). - 1880 - 638 pages
...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...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... | |
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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... 
