Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Quasi-Contracts -- Sufficiency Of Technical Benefit
Quasi-Contracts -- Sufficiency Of Technical Benefit
Michigan Law Review
A brokerage house, the R. Co., having purchased stock on margin for the plaintiff, requested a payment of $1100 in order to protect themselves in carrying the account. Doubting the financial stability of R. Co. the plaintiff decided to transfer the account to another firm, the defendant, and accordingly delivered to R. Co. a personal check naming the defendant as payee, at the same time orally directing R. Co. to transfer the stock and check to the defendant and from them receive payment in full. R. Co., however, falsely represented that the check was really theirs and that the plaintiff …
Contracts - Mutual Assent - Misrepresentation Of Contents Of Written Offer
Contracts - Mutual Assent - Misrepresentation Of Contents Of Written Offer
Michigan Law Review
The defendant orally agreed to buy a year's supply of gasoline of the plaintiff, it being understood that the agreement was to be put in writing. Plaintiff's agent presented two documents to the defendant, telling him that they embodied the oral agreement, and the defendant signed without reading them. One of the documents was in form a lease of defendant's filling station to plaintiff at a nominal rent. Plaintiff brought suit, based on the lease, for possession of the premises. Held, the lease is invalid. The defendant's negligence in signing without reading is immaterial. Phillips Petroleum Company v. Roth …