Nash v. Baker
Nebraska Supreme Court
The undisputed testimony shows that the appellant and those on whose behalf he brings this action stood by and permitted, without complaint or objection, the Kearney & Black Hills Railroad Company to complete its part of the contract, at a large expenditure of money, on the result of the election and the faith and expectation that it would receive the bonds.
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The undisputed testimony shows that the appellant and those on whose behalf he brings this action stood by and permitted, without complaint or objection, the Kearney & Black Hills Railroad Company to complete its part of the contract, at a large expenditure of money, on the result of the election and the faith and expectation that it would receive the bonds. These facts raise an equitable estoppel as against them, and therefore they cannot now maintain this suit to enjoin the issuance of these bonds on the ground of fraudulent representations. (Horn v. Cole, 51 N. K, 287; Burlington, C. B. &…
1Opinion of the Court
Irvine, C.
Upon a rehearing of this case we are entirely satisfied with the conclusion reached upon the first hearing and reported in 37 Neb., 713. The argument upon the rehearing is largely directed to the proposition that the evidence failed to establish some elements necessary to sustain a claim for relief on the ground of false representations. We think that each one of these elements is fairly established by the proof in the case, but if the case depended upon other principles the result would be the same. It is an incontrovertible fact that the contract of the voters, in view of the…
2Cases cited1 opinion
- Nash v. BakerNebraska Supreme Court · 1893
3Cited by8 opinions
- Lydick v. GillNebraska Supreme Court · 1903
- Wiltse v. BoltonNebraska Supreme Court · 1937
- Miller v. AhrensU.S. Circuit Court for the District of Northern West Virginia · 1908
- United States Fidelity & Guaranty Co. v. RidgleyNebraska Supreme Court · 1903
- City of Lincoln v. McLaughlinNebraska Supreme Court · 1908
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