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Articles 1 - 15 of 15
Full-Text Articles in Law
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Michigan Law Review
Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Evidence -Witnesses - Privileged Communications Between Physician And Patient--Statutory Effect Of Asserting Privilege In Actions On Insurance Contracts, William H. Buchanan S.Ed.
Michigan Law Review
Plaintiff, beneficiary of an insurance policy (but not the personal representative of the deceased insured), sued to recover the amount of the policy from the insurance company. As a defense the defendant claimed that the policy never became effective because the insured had made material misrepresentations in the application as to his state of health. To show that there had been such misrepresentations, the defendant proved that the insured had been treated by physicians during the five years preceding the issuance of the policy. Upon objectionμ by plaintiff the court excluded the testimony of the doctors as to the nature …
Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff
Optional Terms (Jus Dispositivum) And Required Terms (Jus Cogens) In The Law Of Contracts, Arthur Lenhoff
Michigan Law Review
In speaking of statutory law in the common law courts, lawyers have ascribed to it a limiting office, namely, that of interference with the parties' freedom to act and transact at their pleasure. A closer consideration shows them that the function of statutory law varies not only with the legal system to which it belongs, but also with the structural changes within a single legal system.
Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs
Insurance-Beneficiaries-Right To Change Beneficiary Where Beneficiary Has Paid All The Premiums, Howard A. Jacobs
Michigan Law Review
Insured's mother, who was the original beneficiary of a life policy, paid all the premiums before and subsequent to the time when insured's wife was substituted as beneficiary. The mother was interpleaded in the wife's suit on the policy. Held, in the absence of a collateral agreement creating a4ditional rights in the mother, the payments were gratuitous and created no vested interest in the mother in the proceeds of the policy, where the right to change the beneficiary was reserved; and that the wife was entitled to the proceeds on the insured's death. McCloud v. Aetna Life Ins. Co. …
Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema
Master-Servant-Subrogation-Right Of The United States To Recover For Injuries To A Soldier Caused By The Negligent Act Of Another, John R. Dykema
Michigan Law Review
On February 7, 1944, an enlisted soldier in the Army of the United States was injured in a traffic accident in Los Angeles, California, through the negligence of an agent of appellant; he was incapacitated for duty for a period of twenty-nine days. The United States paid his hospital expenses, and also his salary during this period, amounting to a total of $192.56. In March, 1944, the soldier, in return for three hundred dollars, executed a release to appellant "from any and all claims and demands" on account of the accident. The United States sued in the Federal District Court …
Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed.
Contracts-Release-Misrepresentation By Releasor's Attorney- Avoidance By Releasor For Unilateral Mistake As To Contents, Neil Mckay S.Ed.
Michigan Law Review
Under the objective theory of mutual assent, which bases the imposition of contractual obligations on the expressed intent of the parties, rather than on a subjective meeting of their minds, the law has generally granted relief to the signer of a contract who is under a misapprehension as to its contents only where he can show that the mistake was made without negligence on his part. The theory of affording relief in such a case apparently is that the instrument does not really represent the expression of the signer's intent, and the contract is, therefore, void at its inception. In …
Contracts, Sales, Insurance, Henry B. Witham
Contracts, Sales, Insurance, Henry B. Witham
Indiana Law Journal
No abstract provided.
Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott
Constitutional Law-War Contract Renegotiation Act-Injunction Proceeding-Unauthorized Suit Against The United States, Rosemary Scott
Michigan Law Review
A holder of war contracts with the federal government brought suit in the District Court for the District of Columbia to enjoin the Secretary of the Navy from withholding payments due under one contract to offset alleged excess profits received on others on the ground that the statute was unconstitutional, and to obtain a declaratory judgment with respect to his right to the disputed funds. The district court dismissed the bill. Held, since the essential allegations and the relief sought did not make it a case of threatened trespass against property but in effect constituted a suit designed to …
Contracts-Statute Of Frauds-Option To Cancel In Contract Of Employment For More Than One Year As Fulfillment Of Statutory Requirement, Cornelia Groefsema
Contracts-Statute Of Frauds-Option To Cancel In Contract Of Employment For More Than One Year As Fulfillment Of Statutory Requirement, Cornelia Groefsema
Michigan Law Review
Plaintiff, Hedda Hopper, sued on an oral agreement for her appearance on a weekly radio broadcast, to be sponsored by Andrew Jergen's Company. The contract was for five years, divided into ten twenty-six week periods. Defendant advertising agency reserved an option to cancel the contract by notifying the plaintiff thereof four weeks prior to the end of any twenty-six week period. Plaintiff was to receive $1,250 per week for the first twenty-six weeks with an increase of $250 per week each odd numbered additional period. Defendant repudiated the contract before any performance and plaintiff asks damages amounting to $495,000. A …
Corporations-Change In The Basis Of Sharing Profits As An Impairment Of The Obligation Of Contracts, Robert E. Walsh S.Ed.
Corporations-Change In The Basis Of Sharing Profits As An Impairment Of The Obligation Of Contracts, Robert E. Walsh S.Ed.
Michigan Law Review
Plaintiff, a stockholder in defendant corporation, sought to enjoin distribution of dividends on a patronage basis. Defendant corporation was organized under the laws of Nebraska for the purpose of buying and selling grain, hay, and other agricultural products with a general reservation in the charter of the right to change, alter, and amend. The articles of incorporation were amended so as to convert the corporation into a co-operative organization distributing profits on the basis of the amount of business done with the corporation. Held, a general reservation of power to amend the articles did not confer on the corporation …
Public Contract--Third Party Beneficiary Clauses In New York State, Ira Schlusselberg
Public Contract--Third Party Beneficiary Clauses In New York State, Ira Schlusselberg
Kentucky Law Journal
No abstract provided.
Key To Understanding The Law Of Contracts (A Modern Rationale Of The Law Of Contracts), Hugh Evander Willis
Key To Understanding The Law Of Contracts (A Modern Rationale Of The Law Of Contracts), Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Negotiable Instruments, 1940-1945, James M. Ogden
Negotiable Instruments, 1940-1945, James M. Ogden
Indiana Law Journal
No abstract provided.
Key To Understanding The Law Of Contracts, Hugh Evander Willis
Key To Understanding The Law Of Contracts, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.
Accommodation Paper Transferred After Maturity--The Defense Of Lack Of Consideration, Carleton M. Davis
Accommodation Paper Transferred After Maturity--The Defense Of Lack Of Consideration, Carleton M. Davis
Kentucky Law Journal
No abstract provided.