Law Commons^™

The Federal Power Commission Does Not Have Jurisdiction Over The Sale Of A Developed Leasehold Interest Of Gas In Formation-Marr V. Fpc, Michigan Law Review

Michigan Law Review

Independent gas producers erected producing wells upon certain land to extract leased mineral interests. This development of the leasehold supplied geological information from which the amount of gas reserves was estimated. The gas leasehold was then sold to Texas Eastern Transmission Company, an interstate pipeline company that sought additional reserves. Texas Eastern applied to the Federal Power Commission for a certificate of public convenience and necessity to connect its transportation system to the field. The FPC asserted jurisdiction over the sale of the leasehold in order to investigate the cost aspects of the transaction. Because the details of the sale …

Recent Antitrust Developments-1964, Milton Handler

Michigan Law Review

Ever since the passage of the Sherman Act, the courts have consistently refused to permit the requirements of antitrust to be circumvented by the easy expedient of dressing a sale in the vestments of a sham agency agreement. In Dr. Miles Medical, where the Supreme Court first held vertical price fixing unlawful, the seller and buyer denominated their agreement as an "agency," but the Court properly concluded that it was, in fact, a sale. Likewise, in Standard-Magrane, the first occasion on which the Court considered section of the Clayton Act, the seller purported to appoint his customers as …

Security Transactions--Uniform Trust Receipts Act, Richard Marion Alker

West Virginia Law Review

No abstract provided.

Contracts -- 1963 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

Both the one year provision and the sale of goods provision of the Statute of Frauds were construed in Anderson-Gregory Co. v. Lea.'Regarding the duration of the contract, the facts in the opinion are somewhat sparse... The court held that the contract did not come within this provision of the statute. If a contract could have been performed, under its terms, within a year from the time of its making, it is not within the Statute of Frauds, even though it is improbable that the contract would be performed within a year.

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The Tennessee Supreme Court case of Oman …

Tennessee Law And The Secured Transactions Article Of The Uniform Commercial Code, Charles H. White

Vanderbilt Law Review

The Uniform Commercial Code in its treatment of personal property security represents a sincere and conscious effort on the part of its draftsmen, authors and sponsors to update and modernize commercial law so as to be able to keep abreast of today's space-age economy. It is submitted that once a familiarity with the new terms,concepts, and theories is acquired, the average practitioner should not encounter any serious difficulty operating under the Uniform Commercial Code and will, in all probability, discover that in most instances the ideas are the same, although perhaps a little hard to recognize at first examination.

The Powers Of Shareholders Of A Societe Anonyme, David J. Supino

Vanderbilt Law Review

French corporation law,which is primarily statutory, has seen no comprehensive statutory revision in almost a century; and while literally dozens of amendments have been engrafted on to the basic corporate legislation of 1867, they are for the most part ad hoc legislative resolutions of particular problems which betray no underlying unity of design and which have broken the unity of the old legislation. The result is that the law is Janus faced, and the theories which the law embodies are not wholly in accord with social and economic needs.

In this necessary process of assimilating new insights into the law …

Tennessee Law And The Sales Article Of The Uniform Commercial Code, W. Harold Bigham

Vanderbilt Law Review

Although much of the interest engendered by the Uniform Commercial Code has centered around Article 9--Secured Transactions,and although Article 9 has been described as the heart of the Code, Article 2--Sales--is half again as long, is in many ways more iconoclastic,' and has precipitated perhaps more criticism than any of the other articles of the Code. Article 2 contains some innovations which are, at least upon initial impression, startling departures from traditional concepts of sales law, and it is therefore not surprising that there has been a spate of legal literature published on various aspects of this article. Since limitations …

An Analysis Of Insurable Interest Under Article Two Of The Uniform Commercial Code, John M. Stockton

Vanderbilt Law Review

The basic requisite of an insurable interest pervades all types of insurance contracts.' The reason most commonly given to justify this requirement is that in the absence of such an interest the agreement is no more than a common wager. A second reason is that the absence of an insurable interest might encourage the insured willfully to destroy the property (or life) of the insured. Despite universal recognition of its need, insurable interest is a term of indefinite meaning. This is evidenced by the many opinions in which courts have had difficulty in determining the existence of such an interest. …

Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.

Vanderbilt Law Review

Obviously, the biggest event in the Tennessee law of commercial transactions this year was the enactment of the Uniform Commercial Code [hereinafter referred to as the U.C.C.]. That statute became effective in this state on July 1, 1964. Its effect on the prior Tennessee law is discussed in great detail elsewhere in this issue,' and need not be re-examined here. It should also be pointed out that the enactment of the U.C.C.required some modifications in the criminal statutes relating to security agreements. In particular, executing a second security agreement covering personalty, without disclosing a prior security agreement covering the same …

Corporations -- Effect Of Statements Made In Stock Prospectus, Law Review Staff

Vanderbilt Law Review

In the case of United Funds, Inc. v. Carter Products, Inc.,' the City Circuit Court of Baltimore, Maryland, handed down a decision which" broke new legal ground." The case, involving the effect of statements made in stock prospect uses on a corporation's future actions, has provoked surprisingly little discussion by legal commentators, and none at all on the "new" ground it broke. The purpose of this comment is to examine the Carter Products decision, to attempt to place it in proper legal perspective, and finally to evaluate it as a new development in the law.

Tying Arrangements Under The Antitrust Laws: The "Integrity Of The Product" Defense, F. Bruce Kulp Jr.

Michigan Law Review

One of the most frequently asserted defenses to an action under either the Sherman Act or the Clayton Act against a tying arrangement-a contractual limitation imposed by a manufacturer whereby the purchaser of the "tying product" agrees to purchase a related "tied product" only from the manufacturer of the tying product-has been that the tying was necessary to protect the good will or the integrity of the tying product. Whether the tied product is service for the tying product, another component in a system in which the tying product is used, repair parts for the tying product, or any other …

Copyrights-Limitations On Proprietor's Exclusive Right To Vend, David M. Ebel

Michigan Law Review

Plaintiff was the sole proprietor of copyrights on several educational toys. It had ordered a large number of these toys to be made by defendant manufacturer, but refused to accept them when tendered, claiming they were so defective in quality that their sale would impair plaintiff's reputation. When defendant manufacturer began selling the rejected toys to the co-defendants in order to recover its own investment in them, the plaintiff obtained a temporary restraining order against all defendants prohibiting further sales of the toys pending a determination of a motion for permanent injunction. The district court granted a preliminary injunction of …

Trademarks-Unfair Competition-Scope Of Federal Jurisdiction Under Section 43(A) Of The Lanham Act, Harry T. Edwards

Michigan Law Review

Plaintiff, a manufacturer and distributor of engine bearings and connecting rods for internal combustion engines, brought suit in a federal district court to enjoin the defendant from marketing and distributing the latter's products in containers which closely resembled those of the plaintiff, thereby falsely representing that the goods were produced by and originated with the plaintiff. The cause of action was based solely on section 43(a) of the Lanham Act. In dismissing the complaint, the district court ruled that any attempt to characterize the complaint as charging a "false description or representation" was without merit, and that "false designation of …

Securities Regulation-Applicability Of Exchange Act Section 10(B) To Transaction Effected By Means Of Intrastate Telephone Call, Michael A. Warner

Michigan Law Review

Plaintiff alleged that he had been defrauded in a sale of securities to the defendant. Plaintiff attempted to invoke section 10(b) of the Securities Exchange Act of 1984, which prohibits various fraudulent practices in securities trading. In order to state a cause of action under 10(b), it was necessary for plaintiff to allege that a means or instrumentality of interstate commerce had been used directly or indirectly in connection with the sale. The sale in this case had been effected through telephone conversations over wires located within the city of Philadelphia. However, the wires carrying the calls could be used …

Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.

Michigan Law Review

After a brief discussion of the provisions of Article 9 peculiarly applicable to the long-term mortgage, a portion of this comment will review the relevant statutes and case authority in force prior to the effective date of the Code in various states and still applicable in others. More specifically, it will examine the special treatment accorded certain types of corporate indentures, particularly those securing the debt of railroads and other public utilities. Second, an attempt will be made to explain the probable solutions to the problems raised by the filing requirements of Article 9 as promulgated in each jurisdiction and …

Fiduciary Duty And Implied Promises In Prospectus - United Funds, Inc. V. Carter Products,Inc., Guy B. Maseritz

Maryland Law Review

No abstract provided.

Uniform Commercial Code: Secret Lien Theory Yields To Race Of Diligence In Conditional Sales - Piedmont Land And Development Co. V. Carney, Berryl A. Speert

Maryland Law Review

No abstract provided.

Product Imitation, John P. Diamond

Cleveland State Law Review

The wave of imitation sweeping through competitive American business has crowded the courts with unfair competition cases. The most recent and representative of these cases will be examined here.

Contracts And Sales, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Bad Checks For The Price Of Goods, William E. Mccurdy

Cleveland State Law Review

A seller receives a check from the buyer for the price of goods. When presented to the bank on which it was drawn, payment is refused. The buyer may, or may not, have had sufficient funds on deposit at the time the check was drawn, but insufficient when refused now although becoming sufficient immediately after the check was presented. Or the buyer may have known or have had reason to know that there would be insufficient funds to meet the check. Or the buyer never had an account at the bank. Or the one obtaining the goods may give a …

Connecting Carrier's Liability For Loss Or Damage To Shipments, W. David Alderson

Cleveland State Law Review

Is a carrier liable for a shipment it did not receive? What is the situation when a carrier receives only part of the goods from the preceding carrier, or when it receives them all but in damaged condition? How is the carrier's liability affected if the damage is latent or patent? Discussion of these questions will be limited to shipments in interstate commerce and in three basic areas: (1) carrier's common law liability,1 (2) effect of federal enactments, and (3) establishment of a prima facie case.

The Conflict Of Laws: A Comparative Study, Second Edition. Volume Three. Special Obligations: Modification And Discharge Of Obligations, Ernst Rabel

Michigan Legal Studies Series

The third volume of Ernst Rabel's comparative treatise on the conflict of laws was originally published in 1950. With the continued support ofThe University of Michigan Law School and the cooperation of the Max-Planck-Institut für auslaändisches und internationals Privatrecht in Hamburg, this second edition of Volume III has been prepared. Plans for the revision of Volumes I and II were made before the death of the author on September 7, 1955, and the work was carried to completion by Dr. Ulrich Drobnig of the staff of the Institut in Hamburg. We were fortunate in obtaining the services of another well-qualified …