Page:Federal Reporter, 1st Series, Volume 3.djvu/252

 IN BE SOHOONBB EUZA B. EM0B7. 2e5 �if he be not bound, he will be permitted to oast an injury upon some one as innocent as he, but who bas been misled by a confidence in what was said or done to him with the intent that he should rely upon it ? Parsons on Oon. 801. It may be asked, as it was at the hearing, how can one be estopped by a contract which is void ? The court enforces no contract, and does not seek to do so. It simply says to one of the part owners of a-vessel: " You bave placed your- self in such a position, in the performance of an illegal act, that it is inequitable to allow you to repudiate your action, and to do something contrary to it, to the injury of another. It is true that you had no 'sailing right' in the schooner which you could sell, but you made one of the subordinates, employed by you in navigating the vessel, believe that you had, and so induced him to pay you a liberal sum of money for the privilege of beooming master. You prefer no com- plaint that he does not faithfuUy perform his duties, but, with his money still in your pocket, you claim the active aid of the court in dispossessessing him and restoring you, because you have voluntarily purchased, or otherwise obtained, the control of enough sharea to enable you to represent the majority interest of the ownership." �1 must hold that until the majority in interest of the own- ers, without including Clayton, join in the application, there should be no decree for the libellants, and that the present libel be dismissed, with costs. ����