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Articles 31 - 48 of 48
Full-Text Articles in Contracts
Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr.
Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr.
West Virginia Law Review
No abstract provided.
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Contracts - Liability Of The Assignee Of A Land Contract - Reformation By Extrinsic Evidence
Michigan Law Review
Defendant Campbell assigned a contract to purchase land from the plaintiff to the defendant bank, the evidence being undisputed that the assignment was additional security for an existing indebtedness of Campbell. A printed form containing a promise by the assignee to pay the purchase price was used. The name of the assignee was left blank in order that the name of a prospective purchaser could be filled in if an anticipated sale materialized. In an action to foreclose the land contract the vendor asked for a deficiency judgment against the defendant bank. Held, that the vendor was not entitled …
Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Michigan Law Review
In Anglo-American law for many generations the power of an owner of property to determine the disposal of his estate at death has met with but comparatively few limitations. The statute creating this power was motivated by the assumption that the interest of the owner, reaching even beyond death, is paramount to other social interests. This power is an important item in a capitalistic system. And even if he does not exercise his power, the decedent may rest assured that another statute will do for him approximately what he may be supposed to have desired.
Contracts - Rescission For Fraud - Necessity Of Restitution
Contracts - Rescission For Fraud - Necessity Of Restitution
Michigan Law Review
Defendant purchased an automobile from the plaintiff's assignor. While the car was in defendant's possession and prior to the start of the suit, the car was stolen from him and was later discovered in a wrecked condition. In a suit by plaintiff for the purchase price defendant sought to rescind for fraud, tendering the wrecked automobile. The contract contained a stipulation to the effect that the risk of loss or injury from any cause whatsoever was to be on defendant. Held, that defendant was not entitled to rescind because plaintiff could not be placed in status quo. American …
Corporations - Identity As Basis For Enforcing Contract Of Predecessor Against Successor - Fraud
Corporations - Identity As Basis For Enforcing Contract Of Predecessor Against Successor - Fraud
Michigan Law Review
The stockholders and officers of the Old South Engraving Company, wishing to escape a contract whereby that corporation was bound to hire only union labor, organized the Old South Photoengraving Corporation which purchased the business of the Engraving Company, giving therefor 9,000 of the issue of 12,000 no-par shares and issuing the rest to the stockholders of the Engraving Company in proportion to their holdings therein. It was announced that the Engraving Company would cease operating Saturday, June 4, and employees were given due notice. On Monday, June 6, the new company began operating at the same location with non-union …
Constitutional Law - Force And Effect Of Clauses Providing For Payment Of Private Indebtedness In Gold
Michigan Law Review
Certain Belgium company bonds were issued providing for payment of interest "in sterling in gold coin of the United Kingdom of or equal to the weight and fineness existing on September 1, 1928." After England had left the gold: standard the issuing company sought to make interest payments in depreciated pounds. Plaintiff bondholder sought to enforce payment of sufficient depreciated currency to enable him to purchase on the day of payment gold in the same quantity as he would have received had payment been due September 1, 1928. The English House of Lords held for plaintiff, reversing the decision of …
The Statute Of Frauds And Part Performance Of Land Contracts In Kentucky, H. R. Wilhoit
The Statute Of Frauds And Part Performance Of Land Contracts In Kentucky, H. R. Wilhoit
Kentucky Law Journal
No abstract provided.
Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Frank Murray
Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Frank Murray
Kentucky Law Journal
No abstract provided.
Negotiable Instruments Law--Distinction Between Release And Renunciation, Kirk B. Moberley
Negotiable Instruments Law--Distinction Between Release And Renunciation, Kirk B. Moberley
Kentucky Law Journal
No abstract provided.
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Washington Law Review
Although the terms accord and satsfactioon are generally used in the conjunctive, they constitute distinct stages in the process of discharging a cause of action. The accord, in its technical sense, is a bilateral contract by the terms of which a creditor having a cause of action against a debtor promises to accept and the debtor promises to give something other than was originally due in discharge of the claim. Performance of the accord and its acceptance by the creditor constitute satisfaction. Generally the cause of action is not discharged until satisfaction, although there may be cases where discharge is …
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Performance, from Section 117, Duty of a Joint Promisor, Joinder of Compromisors to Section 123, Discharge of a Joint and Several Promisor.
Damages--Liquidated Damages Or Penalty--In Contracts For Sale Of Goods To Be Manufactured By Seller, Thurman Todd
Damages--Liquidated Damages Or Penalty--In Contracts For Sale Of Goods To Be Manufactured By Seller, Thurman Todd
Kentucky Law Journal
No abstract provided.
Specific Performance--Parol Contract To Convey Land, George O. Eldred
Specific Performance--Parol Contract To Convey Land, George O. Eldred
Kentucky Law Journal
No abstract provided.
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Rationale Of Past Consideration And Moral Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Contracts - Fraud - Implied Representation Of Solvency
Contracts - Fraud - Implied Representation Of Solvency
Michigan Law Review
Defendant, a wholesale grocer, had been losing steadily for months by selling below cost, and had assets of $83,000 against liabilities of $140,000 on Nov. 21, 1929. On that date he accepted a 90-day trade acceptance drawn by claimant for cases of tomato paste which he had ordered, and which claimant now seeks to reclaim on the ground of fraud. On December 3 defendant obtained the goods, and the next day went into involuntary bankruptcy. Held, that the buyer's promise to pay implies belief in reasonable ability to pay, and that concealment of belief to the contrary is fraud …
Trade Restraints - Covenants Restricting Owner's Use Of His Premises
Trade Restraints - Covenants Restricting Owner's Use Of His Premises
Michigan Law Review
Plaintiffs and defendant were competing theatre proprietors, owning buildings on opposite sides of the street in X city. For a monetary consideration defendant covenanted to discontinue forever the use of his building as a public theatre. Plaintiffs sought an injunction upon defendant's breach, and defendant demurred on the ground that the covenant was in restraint of trade and not ancillary to any property interest conveyed and requiring protection. Held, injunction granted, for in Ohio a contract in reasonable restraint of trade is enforceable though not incidental to some other independent contract or conveyance; and, if such transaction is necessary, …
Federal Practice-Entry Of Judgment Notwithstanding Verdict On Undisputed Evidence
Federal Practice-Entry Of Judgment Notwithstanding Verdict On Undisputed Evidence
Michigan Law Review
In an action on a contract the plaintiff claimed the entire contract price as damages on the theory of an anticipatory breach by the defendant. The trial court, however, on the undisputed facts, instructed the jury that the plaintiff could recover only the damages suffered prior to the first day of the present term of court. Held, by the Circuit Court of Appeals, that the trial court should have instructed the jury to return a verdict for the plaintiff for the entire contract price, but that a new trial was not necessary and the cause should be remanded to …
Trade Restraints - Inducing Breach Of Contract
Trade Restraints - Inducing Breach Of Contract
Michigan Law Review
Plaintiff had "exclusive requirement" contracts with 90% of the users of electricity in various communities in Texas. Defendant was in the business of selling municipal electric plants to communities under a plan whereby, on assurance that enough users would enter into exclusive contracts to make the plant a success, the defendant agreed to look for payment to the revenue of the plant only. Installation of a municipal plant would, therefore, necessitate breaches of the "exclusive requirement" contracts on the part of some of plaintiff's customers. Held, that plaintiff was not entitled to an. injunction restraining defendant from inducing plaintiff's …