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Landlord And Tenant-Contracts-Bankruptcy Nov 1929

Landlord And Tenant-Contracts-Bankruptcy

Indiana Law Journal

Recent Case Notes

Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit Jun 1929

Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit

Michigan Law Review

An interesting problem as to what constitutes fraud sufficient to invalidate a marriage is raised by the recent Illinois case of Bielby v. Bielby. 165 N.E. 231. The husband asked annulment on the ground of the wife's misrepresentation as to her intent to cohabit. The evidence as to the wife's intent and as to whether the marriage was actually consummated was undecisive, the wife testifying that it was and the husband that it was not. However, he did not testify that he had ever requested consummation or that she had ever refused it. It was held there could not …

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Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds Apr 1929

Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds

Michigan Law Review

A building contractor's bond, with professional surety, promises to see that all laborers and materialmen assisting upon a certain construction job are fully paid. With moneys received from work upon this building, the contractor pays a certain sum to a materialman without applying it to any particular debt. The contractor owes the materialman upon two separate debts: one for materials furnished upon this very job, and covered by this surety bond; and a pre-existing debt, in no way connected with the present contract. Is the surety able to insist that the materialman use this payment to discharge the debt on …

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Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent Apr 1929

Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent

Michigan Law Review

The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.

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Judgment Lien Creditors' Suits In West Virginia, Thomas Coleman Apr 1929

Judgment Lien Creditors' Suits In West Virginia, Thomas Coleman

West Virginia Law Review

No abstract provided.

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Contracts--Alternative Performance--Damages, Kendall H. Keeney Apr 1929

Contracts--Alternative Performance--Damages, Kendall H. Keeney

West Virginia Law Review

No abstract provided.

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The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan Mar 1929

The Application Of The Doctrine Of Swift V. Tyson Since 1900, H. Parker Sharp, Joseph B. Brennan

Indiana Law Journal

No abstract provided.

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Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code Mar 1929

Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code

Michigan Law Review

The Iowa Code contains a unique and interesting provision which was copied from the English Common Law Procedure Act of 1854. It provides that :--"In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action by ordinary proceedings, he may, in the same cause, pray and have a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the commission of any breach of contract or injury of a like kind arising out of the same contract or relating to the …

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Contracts Of Agency Without Stipulations As To Duration, Thomas Porter Hardman Feb 1929

Contracts Of Agency Without Stipulations As To Duration, Thomas Porter Hardman

West Virginia Law Review

The Restatement of Agency by the American Law Institute provides that "A contract of agency, or a contract of service, is the contract, when one exists, which determines the existence, duration, terms or conditions of the [agency] relation." But what is the duration of the relation when this so-called "contract of agency" contains no stipulation as to how long the employment is to continue? And how does the so-called contract of agency determine the duration in such cases? It is the purpose of this comment to discuss the West Virginia cases on this point.

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Breach Of Promise Suits, Robert C. Brown Jan 1929