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Full-Text Articles in Contracts
Recording Chattel Mortgages On Fixtures, Ross Reid
Recording Chattel Mortgages On Fixtures, Ross Reid
Washington Law Review
The scope of this comment is limited to the problem of the chattel mortgagee in assuring notice of his lien to those who subsequently purchase or encumber the realty. The situation of the conditional vendor has been simplified by a 1933 amendment to the conditional sales contract filing statutes which provide that where the chattel is to be attached to a building, in addition to being filed, the contract also must be indexed and recorded with real estate mortgages. However, since there are several factors which may make the use of a chattel mortgage more desirable than a conditional sales …
Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis
Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis
Washington Law Review
The courts resort to established rules of interpretation for assistance in solving the doubts found in ambiguous contracts. The cardinal rule of interpretation is that the court must endeavor to ascertain and give effect to the intention of the parties to the contract at the time of the making of the contract. Intention can not be proved by direct and positive evidence. It is a question of fact to be proved "like any other fact, by acts, conduct and circumstances". Thus the issue, the intention of the parties to the contract at the time of the making of the contract, …
The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley
The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley
Washington Law Review
B owes A $100. Will an acknowledgment in writing that the debt is owed, by a statement such as "I owe you $100", containing no express promise to pay, toll the statute of limitations? If so, is the time at which the acknowledgment is made, i. e., before or after the statute has once run, significant? Williston states that the unqualified acknowledgment in writing of a present obligation to another, unaccompanied by any evidence showing a determination not to pay, contains the tacit or implied expression of a promise to pay; that a promise to pay is by implication of …
Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue
Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue
Washington Law Review
Conditions, super-imposed upon the terms of a contract by law, present some complex problems. This comment aims to point out one small but important and recurrent factual situation in which proper argument and presentation are vital in order that the correct theory of action or defense may be accurately defined. We postulate a contract for the sale of land, S to convey upon final payment. Since the contract has fixed the same date for final payment and for conveyance, the law makes these promises dependent one upon the other through the operation of constructive conditions. Normally neither party can put …