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Full-Text Articles in Law

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge Jun 1942

Unfair Competition- Unlawful Trade Practices -Michigan Statute - Misleading Practices By ''Wholesale Sellers", Jay W. Sorge

Michigan Law Review

During recent years "phony" wholesalers have been defrauding the public by selling merchandise at "wholesale" prices which are actually higher than the retail prices of the same articles. These sales are made by three methods: (a) through the use of open showrooms, in which the articles are displayed as they would be at a wholesale house, although the actual business carried on is with individuals; (b) by distributing courtesy cards entitling the bearer to discounts at certain retail or wholesale houses, and (c) by sending out to members of organizations or to individuals catalogs which advertise standard brands at low …


Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Power To Regulate Intrastate Transactions - Milk Prices, Michigan Law Review

Michigan Law Review

Pursuant to the Agricultural Marketing Agreement Act of 1937, conferring on the Secretary of Agriculture the power to regulate the handling of milk which is "in the current of interstate or foreign commerce, or which directly burdens, obstructs or affects interstate or foreign commerce in such commodity or product thereof," the secretary issued marketing orders fixing minimum prices to be paid to producers of milk in the Chicago area. Respondent, who purchased and sold milk only within the state of Illinois, refused to comply with the order. The United States sought enforcement of the order, but the complaint was dismissed. …


Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review May 1942

Constitutional Law - Commerce Clause - Regulation Of Renovated Butter Manufacture, Michigan Law Review

Michigan Law Review

Plaintiff, who was engaged in the manufacture of renovated butter from packing stock butter, brought an action to enjoin Alabama officials from enforcing state laws relating to the inspection and seizure of the raw material. Plaintiff contended that since the production of renovated butter was taxed and regulated by the United States, state action was excluded. The federal act conferred upon the Secretary of Agriculture, among other things the duty of ascertaining "whether or not materials used in the manufacture of said process or renovated butter are deleterious to health or unwholesome in the finished product, and in case such …


Trade Restraints - Unlawful Trade Statutes - Sales By Employers To Employees Of Goods Not Handled In Regular Course Of Business, Jay W. Sorge Apr 1942

Trade Restraints - Unlawful Trade Statutes - Sales By Employers To Employees Of Goods Not Handled In Regular Course Of Business, Jay W. Sorge

Michigan Law Review

The title of that once popular tune may soon be changed to "I Can't Get It For You Wholesale." During the last two years the legislatures of four states have passed laws making it unlawful for employers, either individuals, corporations, or other associations, to sell merchandise or other products to their employees unless these articles were actually manufactured by the employer or sold by him in the regular course of his business. It is the purpose of this comment to discuss the need and advisability of such legislation, the statutes which have been enacted, and their enforcement and constitutionality.


Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy Mar 1942

Tort Liability Of Suppliers Of Defective Chattels, Paul A. Leidy

Michigan Law Review

A recent case decided by the Supreme Court of Pennsylvania and a recent article appearing in the University of Pennsylvania Law Review have served to focus attention upon the interesting problem of the liability, on other than warranty principles, of the vendor of a defective chattel. Because of the line of attack taken in the dissenting opinion and in the article, attention is directed, specifically, to the vendor's duty of inspection and, incidentally, to the liability of the manufacturer of a defective article, the reasons for that liability, and the question: Are the situations of the actual maker and the …


United States - Contracts - Effect, When Tax Is Declared Unconstitutional, Of Provisions For Increase Or Decrease Of Purchase Price For Taxes "Imposed" Or "Changed", Wilbur Jacobs Mar 1942

United States - Contracts - Effect, When Tax Is Declared Unconstitutional, Of Provisions For Increase Or Decrease Of Purchase Price For Taxes "Imposed" Or "Changed", Wilbur Jacobs

Michigan Law Review

Between May 1935 and January 1936 the federal government purchased flour from respondent through contracts which contained a so-called "up and down" tax clause. The basic price charged included the A.A.A. processing taxes. During this same period respondent obtained an injunction against the collection of said processing taxes and, as a result of the decision of the Supreme Court in United States v. Butler, was relieved of liability for the tax. In a later suit brought by respondent in the Court of Claims to recover on other contracts, the government claimed a setoff for the amount of these taxes. …