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Full-Text Articles in Law
Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract
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.
Criminal Law And Procedure - Preliminary Examination
Criminal Law And Procedure - Preliminary Examination
Michigan Law Review
A statute provided: "No information shall be filed against any person for any offense until such person shall have had a preliminary examination therefor as provided by law before a magistrate, unless such person shall waive such right. . . . " The defendant was complained against before a magistrate on a charge of grand. larceny. The magistrate refused to hold the accused on such charge but held him to answer on a charge of receiving stolen property. The prosecutor filed an information charging grand larceny. The defendant moved to quash the information on the ground that he had had …
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Constitutional Law-Public Purpose-Feed Loans To Destitute Farmers
Michigan Law Review
Pursuant to a constitutional provision enabling such action, the Governor asked the supreme court of South Dakota the following question: "Could the legislature enact legislation which would permit the several counties as a county enterprise to raise funds either by supplemental budget or bond or warrant issues with which they might in turn furnish feed loans or even distribute feed as a part of a county poor relief system . . . ?" In answer to this question the court held, in In re Opinion of the Judges, that the furnishing of feed or feed loans to individuals …
Pleading - Joinder Of Parties - Successive Converters
Pleading - Joinder Of Parties - Successive Converters
Michigan Law Review
A chattel mortgagee brought an action for conversion against successive purchasers of mortgaged property, wrongfully sold by the mortgagor. Held, the joinder was improper. Each defendant was guilty of a separate conversion giving rise to a separate cause of action. They cannot be joined as each cause does not affect both defendants. Warren, J., dissented, Northern Finance Corp. v. Midwest Commercial Credit Co. et al. (S. D. 1931) 239 N. W. 242.
Torts - Libel And Slander - Publication
Torts - Libel And Slander - Publication
Michigan Law Review
Defendant uttered words which were defamatory of the plaintiff. The statement was made to defendant's wife and defendant had no reason to believe that they would be overheard. Held, there was no publication. Springer v. Swift (S. D. 1931) 239 N. W. 171.
Vendor And Purchaser - Liability Of Purchaser In Possession For Rent
Vendor And Purchaser - Liability Of Purchaser In Possession For Rent
Michigan Law Review
Defendant contracted to buy land from plaintiff for $2500. He was to have the right to immediate possession when the balance due was reduced to $1000, but he took possession at once, apparently without objection from plaintiff. A year later, the payments made totalling only $150, plaintiff sued for the unpaid balance, and for rent for the year. Held, he was entitled to both. Prouty v. Tupper (S. D. I93I) 236 N.W. 303.