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" ... 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 it. The contract cannot be... "
Reports of Cases Argued and Determined in the Supreme Court of Tennessee - Page 119
by Tennessee. Supreme Court - 1893
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Reports of Civil and Criminal Cases Decided by the ..., Volume 39; Volume 146

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 970 pages
...it could not make it. Such a contract can not be ratified by either party, because it could not have been authorized by either. No performance on 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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 273

Illinois. Supreme Court - 1916 - 720 pages
...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...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 95-96

1899 - 2058 pages
...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. But, when a corporation is acting within the general scope of the powers conferred upon it by the legislature,...
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Supreme Court Reporter, Volume 16

United States. Supreme Court - 1896 - 1242 pages
...It could not make it Such a contract cannot be ratified by either party, because it could not have been authorized by either. No performance on 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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 167

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1897 - 810 pages
...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...be the foundation of any right of action upon it." This language was also cited and expressly approved in Jacksonville &c. Railway v. Hooper, 160 US 514,...
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The Southwestern Reporter, Volume 143

1912 - 1332 pages
...it could not make it. Such a contract cannot be ratified by either party, because It could not have been authorized by either. No performance on 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...
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Lawyers' Reports Annotated, Book 18

1893 - 922 pages
...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...
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Commentaries on the Law of Persons and Personal Property: Being an ...

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...
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The American State Reports: Containing the Cases of General Value ..., Volume 36

Abraham Clark Freeman - 1894 - 1070 pages
...either party, because it could not have m been authorized by either. No performance on either tide can give the unlawful contract any validity, or be...the foundation of any right of action upon it When a corpora* tion is acting within the general scope of the powers conferred upon it by the legislature,...
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The American Law Register and Review, Volume 43

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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