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Articles 1 - 15 of 15
Full-Text Articles in Law
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Michigan Law Review
More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.
Michigan Law Review
In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner
Michigan Law Review
Plaintiff real estate company brought suit against the directors of a corporation and other third persons for an alleged conspiracy to induce the corporation to breach its contract with plaintiff. The complaint alleged that the corporation had entered into an agreement whereby plaintiff was to procure a purchaser for certain premises owned by the corporation and that plaintiff had found a purchaser; that before a written offer could be obtained, the corporation contracted to sell to another broker who was to be used as a conduit to transfer title to the purchaser found by the plaintiff, and who was to …
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Michigan Law Review
H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Wills - Lapse Of A Residuary Gift, Phillip Jacobus
Michigan Law Review
Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman
Michigan Law Review
A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Michigan Law Review
Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Constitutional Law - State Action - Effect Of State Court Interpretation Of A Contract, Dudley H. Chapman
Michigan Law Review
Mrs. Doris Walker, president of her local union, was discharged by Cutter Laboratories in 1949 because of membership in the Communist Party and falsification of her employment application. The employer acquired knowledge of these facts in 1947, but did not act at that time to avoid charges of persecuting a union officer. The union, pursuant to the collective bargaining agreement, which authorized discharge for "just cause" only, sought and obtained reinstatement from the arbitration board, which action was affirmed by the district court of appeal, but reversed by the California Supreme Court. On certiorari to the United States Supreme Court, …
Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.
Labor Law - Lmra - Status Of A Walkout Prompted By Health Reasons In The Face Of A No-Strike Clause, Robert E. Hammell S.Ed.
Michigan Law Review
The employer and the union were covered by a contract which contained a no-strike clause. In spite of this agreement, buffers in the employer's plant walked off their jobs when a blower in the buffing room failed to carry away dust and cool the area properly. The trial examiner found that the walkout was a protected concerted activity and not a strike, and that the employer had therefore committed an unfair labor practice by refusing to permit the buffers to return to their jobs when the blower had been repaired. On exceptions taken to these findings, the NLRB reviewed and …
Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.
Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.
Michigan Law Review
An insolvent debtor, who owed some $3,500 on plaintiff's partially-collected judgment, executed an instrument assigning to another creditor, a bank, all moneys due and to become due to the debtor under an existing contract, expressly as security for payment of the debtor's present and future indebtedness to the bank. The contract obligor was notified of the assignment, and thereafter the bank collected the amounts periodically accruing under the contract. The bank applied part of these collected amounts to the balance that the debtor owed the bank. The rest was either handed over to the debtor or credited to his general …
Corporations - Promotion - Discharge Of Promoter's Liability As Bidder At A Bankruptcy Sale, John Morrow
Corporations - Promotion - Discharge Of Promoter's Liability As Bidder At A Bankruptcy Sale, John Morrow
Michigan Law Review
On October 1, defendant made the high bid at a bankruptcy sale of hotel properties as "Mr. Ash, trustee." Later that same day a certificate of incorporation was executed for a corporation with Ash as treasurer. On October 4 the proper corporate papers were filed with the secretary of state. On October 4 the receivers receipted for the earnest money deposit, the instrument acknowledging, as interpreted by the court, that the receivers would look to the corporation to complete the contract and would not look to Mr. Ash personally. On October 14, the referee confirmed the sale to "Mr. Ash, …
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was a home-owner whose home was fumigated by an independent contractor. Plaintiff was the administrator of the estate of a water softener service man, who entered the home and was overcome by the cyanide gas used in the operation. It was agreed by the parties that the contractor was negligent in failing to lock all entrances to the home, and in not posting warnings at all entrances. Plaintiffs request to charge the jury that the work was inherently dangerous was refused. The court instructed the jury to determine whether or not the defendant had used due care in selecting …
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Michigan Law Review
Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …
Antitrust - Resale Price Maintenance - Legality Of Fair Trade Contracts Made By Integrated Firm, John A. Ziegler S.Ed.
Antitrust - Resale Price Maintenance - Legality Of Fair Trade Contracts Made By Integrated Firm, John A. Ziegler S.Ed.
Michigan Law Review
Defendant-appellee manufactures its own brand-name line of drug products and is also the largest drug wholesaler in the United States. Its manufactured products are sold through appellee's own wholesale division and to independent wholesalers and retailers. In 1951 appellee entered into resale price maintenance contracts with these independent wholesalers, most of whom competed with appellee's wholesale divisions. The Government then brought an action for an injunction under section 4 of the Sherman Act, restraining the further use of resale price contracts by appellee on the ground that these contracts constituted illegal price fixing under section 1 of the act. The …
Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.
Admiralty - Jurisdiction - Quasi -Contractual Remedy, Ross Kipka S.Ed.
Michigan Law Review
Petitioners paid money to respondent for prospective passage to Europe on his passenger vessel held out as a common carrier. When respondent failed to make the voyage or return the passage money, petitioners sued in admiralty for breach of contract. The libel was in the nature of indebitatus assumpsit for moneys had and received and wrongfully withheld by respondent. The district court held this an action based upon the breach of a maritime contract and therefore within the admiralty jurisdiction. The court of appeals reversed, on the ground that the action was in the nature of the common law indebitatus …