Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …
Sales Rationale Of Durable Product Distribution, Kenneth K. Luce
Sales Rationale Of Durable Product Distribution, Kenneth K. Luce
Michigan Law Review
This paper has been prepared to add the writer's bit to the long term struggle for uniformity in the commercial law, and particularly to point to some of the statutory changes in the law affecting distribution of durable goods which have added confusion where once the common law appears to have been on its way to a system more uniform and in accord with business practice and understanding.
Sales - Status Of Title-Retaining Instruments As Against Third Persons
Sales - Status Of Title-Retaining Instruments As Against Third Persons
Michigan Law Review
The exploitation of the legal concept of divided property interests in chattels by ingenious draftsman-lawyers has resulted in the variety of title-retaining instruments commonly used today in the creation of vendor-vendee relationships. Among the more familiar forms may be mentioned the conditional sale, bailment lease, chattel mortgage, and trust receipt. The chief motive of the seller in resorting to these devices seems to lie in the belief that the buyer is a poor credit risk, and the particular instrument which a seller will employ in a given situation will depend largely upon the relative legal advantages which he seeks to …
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold
Michigan Law Review
Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …
Legal Problems In National Merchandising, Richard Ford
Legal Problems In National Merchandising, Richard Ford
Michigan Law Review
An interstate sales organization encounters an infinite number of problems of legal tactics, some of which recur with great frequency, and are more or less common to every industry. For discussion in this paper the writer has selected a few such problems, chiefly from the electric refrigeration business; these are presented in the belief that they are typical of many lines of national merchandising.
Equity - Election Of Remedies - Proof Of Claim In Receivership
Equity - Election Of Remedies - Proof Of Claim In Receivership
Michigan Law Review
Plaintiff sold certain chattels under a conditional sales agreement to a partnership which later went into receivership. The purchase price not having been paid, plaintiff filed a general claim with the receiver, which was allowed. Six months later, no dividend having been paid, plaintiff filed a petition to have the general claim withdrawn and a preferred one substituted, based on the title-retaining contract. The court held that by filing and allowance of the general claim plaintiff made a final election between inconsistent remedies which barred rescission and restitution of the specific property. The court held that the inexperience of plaintiff's …
Conditional Sales - Repossession - Use Of Force
Conditional Sales - Repossession - Use Of Force
Michigan Law Review
A conditional seller, in order to repossess an automobile from a defaulting buyer unwilling to relinquish possession, forcibly expelled her from the car, assisted by local police acting merely at the vendor's request. In the scuffle she was knocked down. Her resulting rage moved the police to imprison her temporarily. In her subsequent action for damages the trial court instructed that if no more than reasonable force had been used the jury should find for the defendants. Held, the right of recapture does not include the right to use such force as was reasonably necessary. Roberts et ux. v. …
Sales-Conditional Sales-Resale By Seller
Sales-Conditional Sales-Resale By Seller
Michigan Law Review
Plaintiff bought fourteen cabs from defendant on a conditional sate contract, and after paying more than fifty per cent of the purchase price defaulted in his payments. Defendant then retook possession of the cabs and undertook to foreclose plaintiff's interest therein by a resale at public auction, as required by the Uniform Conditional Sales Act, in force in the jurisdiction. The specific requirements of the Act relative to notice of the sale were complied with, but the notices did not state where the cabs were being kept, and at the time of the sale they were in a garage miles …