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- A Treatise on the Law of Sales (1)
- Abram v. Arrighini (1)
- Act to Regulate Commerce (1)
- Am. Trust Co. v. Am. Ry. Express Co. (1)
- Annexed chattels (1)
- Appointment Without Notice (1)
- Appropriation of Goods (1)
- Berge v. Yellow Mfg. Acceptance Corporation (1)
- Bills in equity (1)
- Bills of sale (1)
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- Brokerage Co. v. Jos. A. Goddard Co. (1)
- Cement mixers (1)
- Chain stores (1)
- Chesapeake and Ohio Ry. v. United States (1)
- Claims of property (1)
- Coal fields (1)
- Coal stokers (1)
- Compensation (1)
- Competition (1)
- Conditional sales contract (1)
- Conditional sales contracts (1)
- Construction (1)
- Continental Clay & Mining Co. v. Bryson (1)
Articles 1 - 24 of 24
Full-Text Articles in Law
Anti-Chain Store Legislation, Hugh A. Fulton
Anti-Chain Store Legislation, Hugh A. Fulton
Michigan Law Review
During the past few years chain store merchandising has made such serious inroads upon the trade of independent wholesale and retail merchants that they have been forced to use every expedient within their reach in order to survive. They have banded together in order to achieve the economies which have made chain store merchandising so successful and have been rewarded with a large measure of success and even with the hope of competing on an equal basis with the average chain system. But they have not been satisfied with merely seeking to operate on a smaller margin of profit. They …
Fixtures - Conditional Sale-Mortgage- Rights Of Parties
Fixtures - Conditional Sale-Mortgage- Rights Of Parties
Michigan Law Review
The plaintiff, holding a real estate mortgage recorded before the defendant's notice of conditional sale, bought in the premises at the foreclosure sale. The defendant claimed plumbing and heating fixtures sold to the mortgagor on a contract of conditional sale, notice of which was properly recorded according to the statute. Held, the defendant's title to the fixtures was not protected as against the plaintiff by the recording under the Massachusetts statute. Waverley Cooperative Bank v. Haner (Mass. 1930) 173 N.E. 699.
The Liability For Taxes And Assessments Between Vendor And Purchaser
The Liability For Taxes And Assessments Between Vendor And Purchaser
Michigan Law Review
This note is concerned with the rights and duties, inter se, of vendor and purchaser with respect to the burden of taxation. The problem presents itself in the simplest form when it arises in a suit for specific performance, the question being whether the contract obligated vendor to remove the lien of certain taxes (or allow the purchaser a credit against the purchase price), or, on the other hand, obligated purchaser to pay the whole price for the encumbered land (or pay vendor, in addition to purchase price, the amount of tax previously paid by the latter). The question …
"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers
"Questions Of Law" In Lake Cargo Coal Rate Regulation, David F. Cavers
West Virginia Law Review
No abstract provided.
Carriers-Long And Short Haul Clause-Interpretation
Carriers-Long And Short Haul Clause-Interpretation
Michigan Law Review
The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …
Vendor And Purchaser-Vendee's Lien-Failure Of Title
Vendor And Purchaser-Vendee's Lien-Failure Of Title
Michigan Law Review
The vendee of a contract for the sale of land discovered that there was great doubt as to whether the buildings were within the bounds described in the contract and whether there were encroachments. Alleging that these defects could not be corrected, he brought a bill in equity seeking cancellation of the contract and praying for a lien upon the lands for the money paid and the expenses incurred. The vendor counter-claimed for specific performance. Held, where the purchaser properly invokes the jurisdiction of the court and where it would be inequitable to compel specific performance, so far as …
Sales - Warranty - Theory Of Implied Assignment
Sales - Warranty - Theory Of Implied Assignment
Michigan Law Review
In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: the plaintiff signed an order for a tractor, knowing that the defendant's agent, who solicited the order, had no power to make a binding contract, and knowing, from the face of the order, that there would be no contract till it was accepted at the defendant's home office. The agent's employment was terminated before he sent the order in, so he turned it over to another dealer. The latter did not forward the order to the defendant, but wrote a new one, signed …
Public Utilities-Power Of Interstate Commerce Commision To Give Certificate Of Convenience And Necessity
Michigan Law Review
Certain coal fields in West Virginia are served by the Chesapeake and Ohio, the Norfolk and Western, and the Virginian railroads. The Chesapeake and the Norfolk compete for the westbound coal traffic coming over the Virginian which has no lines in the western part of these fields. The Interstate Commerce Commission authorized the Virginian to build a short connecting line which made possible much cheaper carriage over the Chesapeake, and authorized the Norfolk to construct a similar line in order to compete on equal terms. The Chesapeake sought a reversal on the ground that the Interstate Commerce Commission is not …
Sales-Implied Warranty Of Fitness Under Uniform Act
Sales-Implied Warranty Of Fitness Under Uniform Act
Michigan Law Review
Defendants, being in need of a coal stoker that would accomplish a particular purpose, made their desires known to plaintiffs. Plaintiffs sold defendants a certain stoker under its trade name, assuring them that it would accomplish their purpose. Defendants were entire.ly ignorant as to the ability or capacity of the stoker and did not know that it even had a trade name, and plaintiffs made the sale knowing that defendants were unfamiliar with the equipment and its operation. The Uniform Sales Act, in force in the jurisdiction, provides in subd. 1 that where the buyer reveals the purpose for which …
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Michigan Law Review
A Book Review on WATKINS ON SHIPPERS AND CARRIERS Fourth edition by Edgar Watkins assisted by J. Halden Alldredge.
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Carriers-Liability For Loss Of Goods-Connecting Carriers In Foreign Commerce
Michigan Law Review
A box of furs, shipped from London, England, to New York City, U. S. A., over the line of the defendant navigation company, was delivered to the defendant trucking company at the order of the United States because the duties had not been paid. The trucking company delivered it to the defendant warehouse where it remained a week before being moved by the same trucking company to the United States Appraisal Stores. Here it was discovered that some of the furs had been stolen from the box. Held, the defendant navigation company was not liable as initial carrier under …
Sales--Trust Receipts In Automobile Financing, Donald M. Hutton
Sales--Trust Receipts In Automobile Financing, Donald M. Hutton
West Virginia Law Review
No abstract provided.
Sales-Rescission For Breach Of Warranty-Use Or Payment After Knowledge Of Defects
Sales-Rescission For Breach Of Warranty-Use Or Payment After Knowledge Of Defects
Michigan Law Review
In February, plaintiff sold defendant a cement mixer with, as defendant claimed, an express warranty. It did not work properly, and attempts were made by both parties to put it in order. Plaintiff refused to aid further, but defendant claimed that plaintiff earnestly requested him to make a further trial. In June, defendant made a payment. In September, he gave up attempts to make the machine work and notified plaintiff to take it back. Plaintiff sued for the balance of the price. Held, by defendant's version of the facts he had at one time a right to rescind. It …
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Intoxicating Liquors-Liability Of Purchaser To Federal Prosecution
Michigan Law Review
Considering the tremendous amount of public interest evinced in all cases arising under the Eighteenth Amendment and the Volstead Act, it seems strange, at first glance, that more attention has not been paid by the courts to the purchaser of intoxicating beverages. Since the passage of the National Prohibition Act the dockets have been crowded with cases dealing with the sale, manufacture, and transportation of intoxicants, but it was not until ten years after the passage of the Act that the United States Supreme Court was asked to consider the legality of the purchase of liquor as such. The question …
Sales-Passage Of Title Before Payment Of Purchase Price
Sales-Passage Of Title Before Payment Of Purchase Price
Michigan Law Review
In January, S agreed to sell his business to the plaintiff, who went into possession, took over the lease, and operated the business. He did not have sufficient money to pay the purchase price at the time, and no bill of sale was given. A creditor of S took judgment on a promissory note made by S, of the existence of which note the plaintiff first became aware in February, and levied execution on the goods in the store. The plaintiff filed a claim of property. Held, that there was no sale at the time of the transfer of …
Cases And Materials On The Law Of Credit Transactions, By Wesley A. Sturgis (1930), Frank L. Mechem
Cases And Materials On The Law Of Credit Transactions, By Wesley A. Sturgis (1930), Frank L. Mechem
Washington Law Review
No abstract provided.
Receivers-Appointment Without Notice-Sufficient Cause--Plaintiff
Receivers-Appointment Without Notice-Sufficient Cause--Plaintiff
Indiana Law Journal
No abstract provided.
Sales-Purchase In Good Faith-Effect
Sales-Purchase In Good Faith-Effect
Michigan Law Review
The defendant put an automobile sales company in possession of several used automobiles, the sales company to exhibit them and obtain offers for them, but to sell only on written order from the defendant. The sales company sold an auto to the plaintiff without such written order. Held, that the plaintiff had good title, the requirement of a written order as a prerequisite to the power to sell being a secret instruction not binding on an innocent purchaser for value. Simons v. Northeastern Finance Corp. (Mass. 1930) 171 N.E. 643.
Sales-Conditional-Resale By Seller
Sales-Conditional-Resale By Seller
Michigan Law Review
Plaintiff bought a truck under a conditional sales contract. Defendant, as assignee of the vendor, retook possession of the truck when plaintiff defaulted in his payments and undertook by sale of the truck to foreclose plaintiff's rights therein. The Uniform Conditional Sales Act, in force in the jurisdiction, provided for a compulsory resale at public auction by the retaking seller. He was required to give notice of the sale by registered letter to the buyer, by newspaper advertisement, and by three notices posted in public places. Defendant failed to post the three notices. Plaintiff then brought suit for conversion and …
The Dual Regulation Of Commerce Under The Amended Thirteenth Section Of The Act To Regulate Commerce, Louis Cox
The Dual Regulation Of Commerce Under The Amended Thirteenth Section Of The Act To Regulate Commerce, Louis Cox
Kentucky Law Journal
No abstract provided.
Sales-Passing Of Title-Appropriation Of Goods By Vendor
Sales-Passing Of Title-Appropriation Of Goods By Vendor
Indiana Law Journal
No abstract provided.
Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff
Michigan Law Review
The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …
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 …
Treatise On The Law Of Sales, By Irving Mariash, Robert C. Brown
Treatise On The Law Of Sales, By Irving Mariash, Robert C. Brown
Indiana Law Journal
No abstract provided.