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Articles 11131 - 11160 of 12806
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Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Contracts-Breach Of Implied Warranty That Construction Be Usable For Purpose Intended
Michigan Law Review
Plaintiff and defendant entered into a contract by the terms of which defendant was to assign to plaintiff an equity in a land contract to purchase a lot. The plaintiff was to complete the payments and sell to the defendant on a land contract this same lot with a house and garage to be erected by the plaintiff, an experienced builder, according to plans and specifications to be drawn by the latter. The defendant was to be given credit for the amount he had previously paid on the lot, and the price was further reduced by the defendant doing the …
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Deeds-Side Of Lake As Boundary-Presumption That Grantee Takes To Center
Michigan Law Review
ln a conveyance of land adjoining a lake, the description read in part, "thence running northerly * * * to the Rockland Lake thence westwardly along the south side of the Rockland Lake." Held, that the grantee took to the center of the lake. White v. Knickerbocker Ice Co. et al. (N. Y. 1930) 172 N.E. 452.
Evidence-Ballistics As Subject Matter Of Expert Testimony
Evidence-Ballistics As Subject Matter Of Expert Testimony
Michigan Law Review
W, among other things a professional expert witness and a ballistics expert, testified that the bullet found in the body of the deceased was fired from the gun identified as being that of the defendant. Held, the evidence was properly admitted. People v. Fisher et al. (Ill. 1930) 172 N.E. 743.
Injunction-Against Tort-Balance Of Convenience
Injunction-Against Tort-Balance Of Convenience
Michigan Law Review
The defendant railroad company held a lease for a right of way to and from the complainant's flour mill. In violation of their lease, and over the protest of the plaintiff, a side track was run from the branch track of the complainant to the track of the Litchfield Dairy Association and later extended to the plant of the defendant association, a competitor of the complainant. Held, the complainant was entitled to a decree restraining the defendants from moving cars for the defendant association over the complainant's side track. Affirmed. Stock and Sons v. Litchfield Coop. Shipper's Ass'n. et …
Injunction-Breach Of Negative Covenant-Adequate Remedy At Law
Injunction-Breach Of Negative Covenant-Adequate Remedy At Law
Michigan Law Review
The defendant, an owner of a gasoline station, entered into a contract with the plaintiff whereby he agreed to buy "all motor fuels handled, sold, or required" at his station from the plaintiff. He further agreed not to "sell, or allow to be sold on his premises * * * any other brands of motor fuel than those of the seller [plaintiff]." Before the expiration of the contract the defendant notified the plaintiff that he would no longer be bound by the contract. The lower court dismissed a bill praying for an injunction restraining the defendant from violating the negative …
Master And Servant-Tests Of Independent Contract
Master And Servant-Tests Of Independent Contract
Michigan Law Review
The claimant was employed by a dairy company to sell and deliver milk along a defined route, his "payment being in the form of a commission on each bottle sold. He was required to make daily payments in cash for milk and cream sold, but had the privilege of returning unsold milk or cream at the end of each day. Horses and vehicles were hired from the company at a stated price per day. Claimant was injured by a fall from his wagon while making deliveries. The State Industrial Board held him to be a servant and awarded him workmen's …
Pleading-Limitations Of Actions
Pleading-Limitations Of Actions
Michigan Law Review
The plaintiff's complaint, both as to the action for breach of warranty in the sale of condensed milk, and for a running account between October 17, 1917, and March 20, 1920, was drawn up in such a manner that in so far as the facts alleged in the complaint were concerned, the causes of action might have accrued. more than six years before this suit was started, that is, while it did not appear on the face of the complaint that the causes of action accrued more than six years prior to the bringing of this suit, yet, from all …
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 …
Carriers-Division Of Joint Rates
Carriers-Division Of Joint Rates
Michigan Law Review
The divisions here involved were those to be made in joint rates between points in southwestern territory and those in western trunk-line territory, or via western territory to and from eastern points. The line between western and southwestern territory passes through St. Louis and other Missouri and Illinois towns. The divisions of these joint rates between the carriers in these territories had been in existence for many years and were without uniform or rational basis. The Interstate Commerce Commission, investigating these divisions, found them more favor able to southwestern lines than present circumstances justified. Conditions in southwestern territory had become …
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Michigan Law Review
The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.
Easements-Creation By Implied Reservation
Easements-Creation By Implied Reservation
Michigan Law Review
The owner oi a tract of land subdivided it into five lots and saved a twelve-foot strip for a driveway along the rear of each, making the lots accessible from a side street. The plaintiff and the defendant were purchasers of two of these lots. Some time after the sale of the defendant acquired all the original owner's interest in the driveway by a quitclaim deed and immediately began to erect a garage on the drive, thus preventing the plaintiff from using it. Held, that an easement arose by implied grant and that the plaintiff was, therefore, entitled to …
Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy
Fraud-By Third Party-Mistake As To Nature Of Transaction-Rescission As Remedy
Michigan Law Review
The plaintiff was injured as a result of the alleged negligence of the defendant company. His attorney induced him to sign a general release, representing that it was only a receipt for seven hundred and fifty dollars paid on account by the defendant company. The plaintiff was illiterate and relied upon the fraudulent representations of his attorney. In an action to set aside the release, held, on a motion for judgment on the pleadings, that the complaint stated a cause of action, and that the plaintiff was not negligent in relying upon the representations of his attorney. Affirmed. Pimpinello …
Master And Servant-Effect Of Servant's Ownership Of Instrumentality On Liability Of Master
Master And Servant-Effect Of Servant's Ownership Of Instrumentality On Liability Of Master
Michigan Law Review
Defendant contracted with miners to dig out clay at ton-rate, the miners to furnish their own equipment. They buried their powder to prevent theft; but some boys found it and were injured in its explosion. Held, the miners were independent contractors, but that, if they were employees, they did not act within the scope of their employment in burying their powder. General Refractories Co. v. Mozier (Ky. 1930) 30 S.W.(2d) 952.
Mechanic's Liens-Time Of Filing-Completion Of Work
Mechanic's Liens-Time Of Filing-Completion Of Work
Michigan Law Review
The plaintiff contracted to do plumbing work, the contract containing a one-year guaranty. The work was finished in December, 1926, and in February, 1928, two months after the guaranty had expired, the plaintiff at the request of the owner (defendant), gratuitously made some minor repairs. In March, 1928, he filed a claim for a lien for the entire contract. Held, the work was completed when the guaranty expired and the plaintiff had no lien, since his claim was filed after the statutory limit from the completion of the work. Bohinek v. Smith (Ohio App. 1930) 172 N.E. 852.
Negligence-Implied Invitation
Michigan Law Review
The plaintiff's intestate was killed as a result of the defendant's failure to keep in repair a footway paralleling a railroad and vehicular toll bridge. Held, that the defendant, by permitting the public to use this footway, had impliedly invited its use and hence owed the deceased the duty of keeping the premises in a reasonably safe condition. Louisville, and Nashville R.R. v. Snow's Admr. (Ky. 1930) 30 S.W.(2d) 885.
Law In The Making, Burke Shartel
Law In The Making, Burke Shartel
Michigan Law Review
A review of LAW IN THE MAKING By Carleton Kemp Allen.
Corporate Personality, Henry Rottschaeffer
Corporate Personality, Henry Rottschaeffer
Michigan Law Review
A review of CORPORATE PERSONALITY By Frederick Hallis.
Law And The Modern Mind, Burke Shartel
Law And The Modern Mind, Burke Shartel
Michigan Law Review
A review of LAW AND THE MODERN MIND By Jerome Frank.
Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law
Equity Jurisdiction As Affected By Adequacy Of The Remedy At Law
Michigan Law Review
A Michigan case, decided December 3, 1929, presents an interesting problem concerning the status of equity jurisdiction when the relief at law is adjudged adequate. Plaintiff and defendant owned adjoining lots, and disagreed as to the location of the true boundary line between them. Plaintiff was in possession of the disputed strip. Defendant started an ejectment suit, whereupon plaintiff brought a bill in equity to enjoin defendant's suit at law and to have title decreed to be in himself. Defendant answered denying that there was any equity in the bill, and moved to dismiss. Later counsel agreed that the entire …
Constitutional Law-Action For Personal Injury As Property
Constitutional Law-Action For Personal Injury As Property
Michigan Law Review
In an action for personal injury to the plaintiff while a guest in defendant's car, the trial court instructed the jury that plaintiff must prove the elements required by the Guest Act, i.e., a heedless and reckless disregard of the rights of others, and not merely the common law requirements for negligence. The Guest Act (Pub, Acts, 1927, c. 308) was void for failure of the governor to sign in the prescribed time. Validating acts were passed after the accident in question. Held, action for personal injury was a property interest and the validating acts, operating retrospectively, impaired plaintiff's …
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Public Utilities-Power Of Commissoin To Change Rates Set In Franchise Granted By Legislature
Michigan Law Review
The Dry Dock Company was given franchises by the legislature to operate street railways in New York City, by Laws 1860, c. 512, and Laws 1866, cc. 866, 868, 883. These special laws fixed a five-cent maximum fare. Much later, the Public Service Commission Law (Cons. laws, c. 48) was enacted. Sec. 29 of this provided that, "unless the commission otherwise orders, no change shall be made in any rate * * * which shall have been filed and published by a common carrier * * * except after 30 days' notice to the commission * * * and all …
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Conflict Of Laws Treatment Of Interpretation And Construction Of Deeds In Reference To Covenants, Raymond J. Hellman
Michigan Law Review
It is submitted that the terms "interpretation" and "construction" and the verbs "interpret" and "construe" should be used with distinct significations. There are two types of problems with reference to which these terms are used, often ambiguously and unclearly. In one type of problem a question is presented and sought to be answered as to what someone actually or apparently intended. There is an effort to reach a result which was actually desired even though the data tending to show this may be of limited utility. In the other type of problem it is recognized or realized either that there …
Changing Factors Of Reasonable Rates, Clarence M. Updegraff
Changing Factors Of Reasonable Rates, Clarence M. Updegraff
Michigan Law Review
In this period of financial difficulties there arise many old familiar problems. Some are inherent in times of "tight" money; some perhaps may be solved once and for all; others may possibly be met in such a way that certain of their had features will be permanently modified. In this last class seem to lie certain problems of public utility financing.
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Insurance-Misrepresentations-Insertion Of False Answers By Medical Examiner
Michigan Law Review
If an applicant for life insurance, in answering the many questions put to him by the company's medical representative, tells the truth, but the examiner, in recording the answers, distorts them without the knowledge of the insured, may the beneficiary or the personal representative of the insured show this distortion by parol, and collect on the policy in spite of the presence of false written answers in the application? The New York court of appeals, in the very recent case, Minsker v. John Hancock Mutual Life Insurance Co., 254 N. Y. 333, 173 N.E. 4, answers this question in …
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 …
Contracts-Right Of A Third Party Beneficiary
Contracts-Right Of A Third Party Beneficiary
Michigan Law Review
Husband and wife agreed with each other to make mutual wills which would leave one-third of the estate of the survivor in equal portions to seven relatives, four of whom were the mother and three sisters of the husband and the remaining three, a niece and two sisters of the wife. After the husband's death the wife made another will, revoking the former one and providing for a different distribution of her property. After her death the mother and three sisters of the deceased husband filed a bill for the specific performance of the contract to make mutual wills. Held …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-