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Articles 1 - 25 of 25

Full-Text Articles in Contracts

Contracts-Consideration Dec 1930

Contracts-Consideration

Indiana Law Journal

No abstract provided.


Contracts-Recovery Under Void Agreement Dec 1930

Contracts-Recovery Under Void Agreement

Indiana Law Journal

No abstract provided.


Assignment--Implied Warranty By Assignor Of Solvency Of Obligator, Sidney J. Kwass Dec 1930

Assignment--Implied Warranty By Assignor Of Solvency Of Obligator, Sidney J. Kwass

West Virginia Law Review

No abstract provided.


Constitutional Law--Right To Discharge Employees--Liberty Of Contract, Henry K. Higginbotham Dec 1930

Constitutional Law--Right To Discharge Employees--Liberty Of Contract, Henry K. Higginbotham

West Virginia Law Review

No abstract provided.


Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies Dec 1930

Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies

Michigan Law Review

The plaintiff deposited funds with the defendant, a stock-broker, as security for his margin account. The defendant without authority sold short on the plaintiff's account a large number of shares of stock and threatened to use the plaintiff's deposits to cover the sale unless the plaintiff would authorize a purchase for that purpose. The plaintiff under protest authorized the defendant to purchase the stock, which in the meanwhile had increased in value. The plaintiff then brought suit to recover the difference between the sale and the re-purchase prices plus the defendant's commissions and transfer taxes. Held, on demurrer that …


Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check Dec 1930

Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check

Michigan Law Review

In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …


Quasi-Contracts--Duress--Tort Action For Dec 1930

Quasi-Contracts--Duress--Tort Action For

Michigan Law Review

The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.


Torts-Inducing Breach Of Contract Dec 1930

Torts-Inducing Breach Of Contract

Michigan Law Review

A contracted to build a dwelling for B, a negro. C, learning that A was building the structure for B, called on B and gave B to understand that the neighborhood would not permit B to use the building after completion. There were no direct threats, nor was there any violence, nor was B requested to cancel the contract. A sues C for inducing the breach which follows C's conversation with B. Held, A was entitled to damages even though C bore no malice toward A and did not intend to cause damage to A. Carson v. Stephens (La. …


Implied-In-Fact Contracts--Recovery Of Additional Compensation Nov 1930

Implied-In-Fact Contracts--Recovery Of Additional Compensation

Indiana Law Journal

No abstract provided.


Contracts--Effect Of Death Nov 1930

Contracts--Effect Of Death

Indiana Law Journal

No abstract provided.


Pleading-Combining Alternative Allegations And Reliefs Nov 1930

Pleading-Combining Alternative Allegations And Reliefs

Michigan Law Review

Defendant musicians' association had ordered defendant orchestra to terminate its services with plaintiff restaurant, whereupon plaintiff filed a so-called alternative bill praying relief. The first set of allegations stated a written contract with the association by which it was to furnish as its agents an orchestra, added that it was mutually understood that defendant orchestra was meant, and prayed that the association be ordered to specifically perform. The alternative bill made no mention of the written contract, but set out an oral one with defendant orchestra with which defendant association was maliciously and without right interfering, and prayed that defendant …


Corporations-Stock Conversion-Obligation Of Interstate Carrier Nov 1930

Corporations-Stock Conversion-Obligation Of Interstate Carrier

Michigan Law Review

Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …


Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty Nov 1930

Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty

Michigan Law Review

By statute in Montana the boards of county commissioners were ordered to cause such highways as were necessary for the public welfare to be "laid out, recorded, opened" and maintained. A highway was laid out through the plaintiff's land in 1903, but the county commissioners refused to continue constructing it though requested to do so by the plaintiff, instead compelling him to remove the fences on his property. His entire land being thus thrown open to the public, he constructed the road himself in 1926, with the knowledge of the commissioners, who on its completion immediately accepted it but refused …


Review: The Recission Of Contracts And Cancellation Of Written Instruments Nov 1930

Review: The Recission Of Contracts And Cancellation Of Written Instruments

Michigan Law Review

A review of THE RECISSION OF CONTRACTS AND CANCELLATION OF WRITTEN INSTRUMENTS By Henry Campbell Black.


Vendor And Purchaser Contracts-Conditions Jun 1930

Vendor And Purchaser Contracts-Conditions

Indiana Law Journal

No abstract provided.


Priorities Between Successive Assignments Of The Same Right, Sidney J. Kwass Jun 1930

Priorities Between Successive Assignments Of The Same Right, Sidney J. Kwass

West Virginia Law Review

No abstract provided.


Contracts--Practical Construction As A Means Of Interpretation, Charles M. Barrickman Apr 1930

Contracts--Practical Construction As A Means Of Interpretation, Charles M. Barrickman

West Virginia Law Review

No abstract provided.


Joint Adventure, Henry K. Higginbotham Apr 1930

Joint Adventure, Henry K. Higginbotham

West Virginia Law Review

No abstract provided.


Contracts--Offer And Acceptance--Qualification And Request In Acceptance, Jerome Katz Apr 1930

Contracts--Offer And Acceptance--Qualification And Request In Acceptance, Jerome Katz

West Virginia Law Review

No abstract provided.


Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs Mar 1930

Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs

Indiana Law Journal

No abstract provided.


Assignment Of Contract Rights And Duties In Kentucky And The Restatement, Alvin E. Evans Jan 1930

Assignment Of Contract Rights And Duties In Kentucky And The Restatement, Alvin E. Evans

Kentucky Law Journal

No abstract provided.


The Statute Of Frauds And Possession As Part Performance Thereunder, Robert M. Odear Jan 1930

The Statute Of Frauds And Possession As Part Performance Thereunder, Robert M. Odear

Kentucky Law Journal

No abstract provided.


Third Party Beneficiaries In Kentucky And The Restatement, Alvin E. Evans Jan 1930

Third Party Beneficiaries In Kentucky And The Restatement, Alvin E. Evans

Kentucky Law Journal

No abstract provided.


Performance Of Services As Grounds For Taking An Oral Contract Out Of The Statute Of Frauds, J. W. Jones Jan 1930

Performance Of Services As Grounds For Taking An Oral Contract Out Of The Statute Of Frauds, J. W. Jones

Kentucky Law Journal

No abstract provided.


Contractual Joint Rights And Duties In Kentucky And The Restatement, Alvin E. Evans Jan 1930

Contractual Joint Rights And Duties In Kentucky And The Restatement, Alvin E. Evans

Kentucky Law Journal

No abstract provided.