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Suppose the contract confirmed and the protection of extremely vires deemed inadmissible, it's claimed by the railroad company that it's not liable in damages for its failure to procure the insurance coverage, as a result of it was unable to get the insurance coverage; that its contract, in that particular, was impossible of efficiency. The admissions made by the president, subsequently, in a casual dialog, as to his ineffectual efforts to get the hotel insured, may scarcely be regarded as relevant and competent to affect the company. However the error, if such it had been, in allowing such statements to be obtained, was rendered immaterial by the action of the company in adducing affirmative evidence, in its own behalf, to the exact same effect, namely, the efforts made by the company and its officers to acquire insurance. Courts might properly be astute in dealing with efforts of corporations to usurp powers not granted them, or to stretch their lawful franchises in opposition to the pursuits of the general public. It is the province of courts to enforce contracts, to not make or modify them. Courts may be permitted, where there is no such thing as a legislative prohibition shown, to place a positive building upon such train of energy by a railroad company as is suitable to promote the success of the corporate, inside its chartered powers, and to contribute to the comfort of those that journey thereon.

But it is urged in the third and fourth assignments that it was error to permit to be put in proof the certified copy of the lease, as likewise the duplicate lease, because they were not proven to be underneath the seal of the corporate, but appeared to be under the personal seal of Alexander Wallace, the president of the company. Co. v. Pullman Car Co. (above cited), that 'a contract of a corporation which is ultra vires, in the proper sense,-that's to say, outside the thing of its creation, as defined within the law of its group,-and due to this fact past the powers conferred upon it by the legislature, will not be voidable solely, but wholly void, and of no legal effect. Undoubtedly, the principle business of a corporation is to be confined to that class of operations which properly appertain to the final functions for which its charter was granted. 65, it was held that the place a cashier was appointed, and permitted to act in his office for a long time, beneath the sanction of the administrators, it was not essential that his official bond should be accepted as satisfactory by the administrators, based on the terms of the charter, to be able to enable him to enter legally on the duties of his workplace, or to make his sureties accountable for the nonperformance of their duties; that the charter and the by-laws are to be thought of, on this respect, as listing to the board, and never as circumstances precedent; and Mr. Justice Story, in discussing the topic, mentioned: 'A board may settle for a contract or approve a safety by a vote, or by a tacit and implied assent.

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