Macfarland v. West Side Improvement Ass'n

Ragan, C.

This is a rehearing of Macfarland v. West Side Improvement Ass’n, 53 Neb. 417, in which we affirmed a judgment of the district court rendered in favor of the association against Macfarland. The action was brought by the association against Macfarland on a contract of subscription to its capital stock. His defense was that the entire capital stock bad not been subscribed. On the former bearing we held that be bad estopped himself by bis conduct from interposing this defense, and beyond all question the evidence in the record sustains this holding, as will appear from a resume thereof…