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Contracts

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1932

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Full-Text Articles in Law

Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract Dec 1932

Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract

Michigan Law Review

Plaintiff paid $1,000 on an oral agreement for the purchase of land. Defendant admitted receipt of the money but alleged he was ready, able, and willing to comply with the terms of the agreement and convey the land. Held, that since the contract was void under the statute of frauds, plaintiff might recover. Reedy v. Ebsen, (S. D. 1932) 242 N. W. 592.


Wills -Validity Of Contracts To Suppress Mar 1932

Wills -Validity Of Contracts To Suppress

Michigan Law Review

Certain children entered into a contract during the lifetime of their parents, by the terms of which it was agreed that if the will of either parent should favor some of the children above others, the favored children would waive their rights under the will and share equally in the real and personal estate of the parents. The will of the father left the whole estate to the mother. Her will omitted any gift to one of the children, and this suit was brought by an assignee of that child to obtain specific performance of the agreement. Held, that …


Contracts - Illegality- General Restraint Of Trade Jan 1932

Contracts - Illegality- General Restraint Of Trade

Michigan Law Review

Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.