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Articles 91 - 108 of 108
Full-Text Articles in Law
Injunction To Restrain Breach Of Personal Contract, Mary Louise Barton
Injunction To Restrain Breach Of Personal Contract, Mary Louise Barton
Kentucky Law Journal
No abstract provided.
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Trade Regulation: Inducing Breach Of Contract And Refusal To Deal In The Absence Of Conspiracy And Monopoly, Howard E. Trent Jr.
Trade Regulation: Inducing Breach Of Contract And Refusal To Deal In The Absence Of Conspiracy And Monopoly, Howard E. Trent Jr.
Kentucky Law Journal
No abstract provided.
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Michigan Law Review
Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Michigan Law Review
The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans …
Contracts - Consideration - Dealers' Contracts, Richard S. Brawerman
Contracts - Consideration - Dealers' Contracts, Richard S. Brawerman
Michigan Law Review
Defendant manufacturer, reserving the right to sell to enumerated persons, granted plaintiff dealer a franchise to sell certain of defendant's products in a defined territory. Plaintiff in turn promised to establish a place of business and develop the territory to the satisfaction of defendant. All orders received by defendant were to be subject to acceptance by defendant; defendant agreed to fill accepted orders as promptly as practicable; and plaintiff expressly released defendant from liability for loss or damage arising from failure of defendant to fill the plaintiff's orders. A clause, originally part of the agreement, allowing either party to cancel …
Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review
Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review
Michigan Law Review
Plaintiff held a note of defendant's husband, long overdue. Defendant promised to guarantee payment of her husband's note, in consideration of plaintiff's promise to lend her money. Thereafter plaintiff, in breach of its promise, refused defendant a loan. Defendant immediately repudiated the contract. Plaintiff sued on the contract to recover the amount of the note with interest. Held, the promises were dependent; plaintiff's refusal to make the loan was a material breach of its promise, and excused defendant from further performance under the contract. People's Trust & Savings Bank v. Wassersteen, (Wis. 1937) 276 N. W. 330.
Contracts-Agreements For Leasing Departments In Retail Stores
Contracts-Agreements For Leasing Departments In Retail Stores
Michigan Law Review
An important merchandising device, largely developed within the last fifteen years, is the "leasing" of certain departments by proprietors of retail stores to outsiders who agree to operate them as integral units of the owner's business. It has been estimated that more than sixty per cent of department stores and more than forty-eight per cent of specialty stores had leased departments in 1930, with the average number of such departments per store in each class at 4.6 and 2.5 respectively.
Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance
Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance
Michigan Law Review
A buyer, who had agreed to take a certain number of gallons of oil within a viscosity range comprising seven weights, each weight being listed at a different price, repudiated his contract without having specified any of the seven types. In a suit by the seller to recover for breach of contract, held, as the indefiniteness of the agreement precluded any damages save those based on speculative, average, or other arbitrary price, it was not enforcible and plaintiff could not recover for defendant's refusal to accept oil. Wilhelm Lubrication Co. v. Brattrud, (Minn. 1936) 268 N. W. 634.1
Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union
Contracts-Beneficiaries-Right Of Employee To Sue On A Contract Made Between Employer And Union
Michigan Law Review
Defendant agreed with an employees' union that its employees would not be discharged without cause or without a hearing. The plaintiff, who entered into an employment contract with the defendant for an indefinite term, was discharged by the latter without a hearing, and sued as a third party beneficiary for breach of the defendant's agreement with the union. Held, in Johnson v. Am. Ry Express Co., that this agreement was a valid third party beneficiary contract, and so enforcible by the plaintiff who was one of the parties intended to be benefited by it.
Pleading-How To Raise The Issue Of Payment
Pleading-How To Raise The Issue Of Payment
Michigan Law Review
On rehearing in an action on contract for money two questions were presented to the court, to wit: first, is an allegation of non-payment essential in order that this complaint might state a cause of action; and second, can the issue of payment be raised by the defendant's general denial? Held, in Hughes v. Wachter an allegation of non-payment is necessary in the complaint, and the defendant may prove payment under a general denial.
The Kentucky Rule Of Damages For Breach Of Executory Contracts To Convey Realty, Wendell Carnahan
The Kentucky Rule Of Damages For Breach Of Executory Contracts To Convey Realty, Wendell Carnahan
Kentucky Law Journal
No abstract provided.
Contracts - Rescission Of Contract To Rescind
Contracts - Rescission Of Contract To Rescind
Michigan Law Review
The parties entered into an installment contract for sale of meal of a certain quality. Provision was made for arbitration of disputes arising under the agreement. After several deliveries, the vendor consented to cancellation of the remainder of the contract upon the buyer's agreeing to pay £782 at four specified dates. This agreement was made under mutual mistake as to the defective quality of the goods, which would have justified repudiation of the contract. Before the adulteration was discovered, the seller had paid £500 for a release from a supply contract with a third person and the buyer had paid …
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 …
Breach Of Promise Suits, Robert C. Brown
Breach Of Promise Suits, Robert C. Brown
Articles by Maurer Faculty
No abstract provided.
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Michigan Law Review
Where a breach of contract takes place several courses of conduct are normally open to the aggrieved promisee. He may bring an action for damages. He often may rescind for the breach. He sometimes may sue for specific performance. He may accept later performance on account. He may try to persuade the defaulting party to live up to the contract. He may for the time being ignore both the contract and the breach. If he follows certain of these courses of conduct others may thereby become impossible. He thus has an election of remedies, a choosing between inconsistent courses of …
Effectiveness Of Oral Contracts, Within The Statute Of Frauds, John B. Waite
Effectiveness Of Oral Contracts, Within The Statute Of Frauds, John B. Waite
Articles
In Morris v. Baron and Co., (House of Lords, 1917), 87 L. J. R. (K. B.) 145, plaintiff and defendant had entered into a contract of sale and plaintiff, as vendor, had delivered part of the goods agreed upon. Delivery of the remainder would have been a condition precedent to any recovery by the plaintiff. This contract, however, was followed by a second one, not in writing, whereby plaintiff was absolved from delivering the rest of the goods, but by which he agreed that he would deliver them if the defendant should so request. Thereafter plaintiff brought this action for …
Equitable Relief In Contracts Involving Personal Services, James Lewis Parks
Equitable Relief In Contracts Involving Personal Services, James Lewis Parks
Articles by Maurer Faculty
No abstract provided.