Law Commons^™

Contracts - Assignment- Unsealed Assignment Of Sealed Instrument

Michigan Law Review

Defendants sold and conveyed their grocery business by a bill of sale under seal and covenanted not to engage in a like business within a one-mile radius for a period of three years. The purchaser assigned the bill of sale by an instrument not under seal to the plaintiffs. When the defendants opened a competing business in violation of their agreement, the plaintiffs filed a bill in equity asking that the defendants be restrained. Held, that an injunction should issue, notwithstanding the bill of sale was sealed while the assignment was not. Adamowicz v. Iwanicki, (Mass. 1934) 190 …

Segregation Of Residences Of Negroes, Arthur T. Martin

Michigan Law Review

Most white people do not want Negroes for neighbors. For many years this race prejudice alone seemed adequate to secure the type of domiciliary segregation which the majority desired. In recent years, however, Negro incursions into so-called white territory have become more numerous, and white landowners have resorted to legal devices to secure race exclusiveness in residential sections. In considering the validity of these segregation devices the courts have not ordinarily purported to take into account the social desirability of the end sought. No examination has been made of the factors back of Negro migration into white territory. No thought …

Bankruptcy - Proof Of Claim For Loss Of Future Rents

Michigan Law Review

A covenant in a lease provided:

" . . . that the filing of any petition in bankruptcy or insolvency by or against the Lessee shall be deemed to constitute a breach of this lease, and thereupon, ipso facto and without entry or other action by the Lessor, this lease shall become and be terminated; and, . . . the Lessor shall forthwith upon such termination be entitled to recover damages for such breach in an amount equal to the amount of the rent reserved in this lease for the residue of the term hereof less the fair rental value …