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Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Quasi-Contracts -- Unsolicited Performance Of A Statutory Duty, Edward S. Biggar
Michigan Law Review
An Indiana statute required county officers to publish reports of public business in two newspapers, representing the leading political parties of the county. Plaintiff, one of the two newspapers in Decatur county, printed the required notices without first obtaining official authorization. After defendant had disallowed the claim for this service, plaintiff appealed to the circuit court, there obtaining a verdict. Defendant appealed from the denial of its motion for a new trial. Held, that plaintiff had performed an obligation created by law and was entitled to recover on quasi-contract principles. On motion for rehearing, defendant urged the statute prohibiting recovery …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.