Opinion

Board of Public Instruction v. State Ex Rel. Fieldhouse

  • 121 Fla. 473
  • 163 So. 881
Court
Supreme Court of Florida
Filed
Nov 2, 1935
Status
Published
Author
Brown
On the bench
Davis, Whitfield, Terrell, Brown, Buford
Cited by
2 cases
Authority
More cited than 37.7%

The opinion

Brown, J.

(concurring).-I think the question above discussed was properly raised by respondent Board, in spite of the contention of relator that the Board was estopped by the recitals in the bonds. Estoppel cannot supply an absolute lack of power. See State v. Greer, 88 Fla. 249 , 102 So. 739 ; Dixon County v. Field, 111 U. S. 83 , 28 Law Ed. 360. But where a public body has lawful authority to issue bonds upon a condition precedent with power to decide whether the condition precedent has been complied with, their recital in the bonds that such condition has been complied with will ordinarily protect a

bona fide

purchaser for value. Chaffer County Commissioners, etc., v. Potter, 142 U. S. 355 , 35 Law. Ed. 1040, 12 S. C. 216; Weinberger v. Board of Public Instr., 93 Fla. 470 , 112 So. 253 .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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