 ... therefore beyond the powers conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make...  Reports of Cases Determined in the Appellate Courts of Illinois - Page 291by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1900Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 970 pages
...to have made it, but that it could not make it. Such a contract can not be ratified by either party, because it could not have been authorized by either....be the foundation of any right of action upon it. 139 US, 59, 60. (35, 68, 69.") "But we think the present case falls within the language of Lord Chancellor... | |
 | Illinois. Supreme Court - 1916 - 720 pages
...not to have made it but that it could not make it. The contract cannot be ratified by either party because it could not have been authorized by either....be the foundation of any right of action upon it." (Central Transportation Co. v. Pullman Palace Car Co. supra.) That case was quoted with approval in... | |
 | 1899 - 2058 pages
...not to have made it, but that it could not make it. The contract cannot be ratified by either party, because it could not have been authorized by either. No performance on either side conld give the unlawful contract any validity, or be the foundation of any right of action upon it.... | |
 | United States. Supreme Court - 1896 - 1242 pages
...not to have made It but that It could not make it Such a contract cannot be ratified by either party, because it could not have been authorized by either....be the foundation of any right of action upon it" 139 US 59, 60, 11 Sup. Ct 478. But we think the present case falls within the language of Lord Chancellor... | |
 | 1912 - 1332 pages
...to have made It, but that it could not make it. Such a contract cannot be ratified by either party, because It could not have been authorized by either....or be the foundation of any right of action upon it 139 US 59, 60 [11 Sup. Ct 478], 35 L. Ed. 68, 69. But we think the present case falls within the language... | |
 | 1893 - 922 pages
...not to have made it butthat it could not make it. The contract cannot be ratified by either party, because it could not have been authorized by either....No performance on either side can give the unlawful con tract any validity, or be the foundation of any right of action upon it. When a corporation A water-power... | |
 | Theodore William Dwight - 1894 - 940 pages
...contract is not merely that the corporation ought not to have made it, but that it could not make it. ... No performance on either side can give the unlawful...be the foundation of any right of action upon it." p. 59. II. Powers as to «uccession of members, including amotion and disfranchisement. — The capacity... | |
 | Abraham Clark Freeman - 1894 - 1070 pages
...A CONTRACT ULTRA VIRES in the proper sense is wholly void, and cannot be ratified by either party, because it could not have been authorized by either. No performance on either side can give it validity. Marble Co. v. Harvey, 71. 17. AOKKKMKNT8 — ULTRA VlRIS — ACTIONS IN FURTHERANCE Or.... | |
 | 1895 - 856 pages
...upon the plaintiff by the Legislature," the court decided that no performance on cither side could give the unlawful contract any validity or be the foundation of any right of action upon it. "Whether this plaintiff could maintain any action against this defendant in the nature of a quantum... | |
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