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- Contracts (9)
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Articles 1 - 25 of 25
Full-Text Articles in Contracts
Contracts-Recovery Under Void Agreement
Assignment--Implied Warranty By Assignor Of Solvency Of Obligator, Sidney J. Kwass
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
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
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
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
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
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
Implied-In-Fact Contracts--Recovery Of Additional Compensation
Indiana Law Journal
No abstract provided.
Pleading-Combining Alternative Allegations And Reliefs
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
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
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
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
Priorities Between Successive Assignments Of The Same Right, Sidney J. Kwass
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
Contracts--Practical Construction As A Means Of Interpretation, Charles M. Barrickman
West Virginia Law Review
No abstract provided.
Joint Adventure, Henry K. Higginbotham
Contracts--Offer And Acceptance--Qualification And Request In Acceptance, Jerome Katz
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
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
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
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
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
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
Contractual Joint Rights And Duties In Kentucky And The Restatement, Alvin E. Evans
Kentucky Law Journal
No abstract provided.