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Articles 1 - 17 of 17
Full-Text Articles in Law
Conflict Of Laws Relating To Installment Sales, Robert E. Lee
Conflict Of Laws Relating To Installment Sales, Robert E. Lee
Michigan Law Review
The most perplexing problem in the field of installment contracts probably occurs when property sold by a title-retaining instrument (conditional sale, chattel mortgage, or bailment lease) in one state is removed to another state where rights of creditors of, or purchasers from, the buyer attach. Inasmuch as the possession of the article has been permitted to be in the buyer, so that outwardly, and with nothing more, he is the apparent owner, the important question arises as to whose rights are higher, the secret owner (the conditional seller, the chattel mortgagee, or the bailor) or the creditor of, or purchaser …
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Constitutional Law - Impairing The Obligation Of Contracts - New York Decedents' Estate Law, Robert Walsh
Michigan Law Review
By a premarital agreement executed in 1922 the wife of decedent waived all rights in his estate. The waiver was signed but not acknowledged. In August, 1930, decedent executed a will leaving $2,000 to his wife. In September, 1930, there went into effect an amendment of the Decedents' Estate Law of New York, which gave to a widow an election to take under or against the will of her husband and provided that such election could be waived only by an instrument signed and acknowledged. The statute applied only to wills executed after September, 1930. The decedent executed a codicil …
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Quasi Contracts - Insurance - Recovery Of Premiums When Parties Mistaken As To Value Of The Subject Matter Of Insurance Contract, Louis C. Andrews, Jr.
Michigan Law Review
Plaintiff's intestate, a resident of Georgia, owned items of jewelry which were located in Germany and which were subject to a death tax there, intestate having died in Germany. An appraisal was made by a German court commissioner in assessing the tax and a copy of the appraisal was forwarded to plaintiff executor, who, relying thereon, effected a policy of insurance with the defendant covering all the goods, the principal item being a pearl necklace appraised at $60,000. It was discovered on the safe arrival of the jewelry that the pearl necklace was worth but $60.00, being composed of cultured …
Sales - Transfer Of Possession - Intention Of Parties
Sales - Transfer Of Possession - Intention Of Parties
Michigan Law Review
Manlove brought an action against Maggart to recover possession of furniture which Manlove asserted belonged to him. He based this claim of ownership upon a written instrument entitled "Conditional sale note" whereby Maggart promised to pay Manlove $150. In the body of this instrument was the statement that "The express condition of the sale and purchase of one eleven piece mahogany dining room suite . . . for which this note is given, is such that the title and ownership of the above described property does not pass from the said Omer S. Manlove . . . until this note …
Recent Decisions, Michigan Law Review
Recent Decisions, Michigan Law Review
Michigan Law Review
The abstracts consist merely of summaries of the facts and holdings of recent cases and are distinguished from the notes by the absence of discussion.
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Patents - Validity Of Contracts To Assign Employee's Future Inventions To Employer, Lloyd M. Forster
Michigan Law Review
The relative rights of employer and employee to the fruits of the employee's inventive genius have become increasingly important. In deciding these rights the courts have shown a marked tendency to favor the employee, possibly to compensate for the superior bargaining power of the employer. They have been anxious to limit the rights in the employer implied by the relationship of the parties. Contractual ambiguities have been construed in favor of the employee to a far greater extent than is called for by the rule of construction against the party drawing the contract. Unusual rights in the employer must be …
Constitutional Law - Involuntary Servitude, John W. Potter
Constitutional Law - Involuntary Servitude, John W. Potter
Michigan Law Review
Appellant was indicted under a Georgia statute which provided that anyone who contracted to perform services of any kind with the intent not to perform such services was subject, upon conviction, to fine and /or imprisonment. Proof of the contract, procurement of money or any other thing of value, and the failure to perform the service or to return the money advanced without good and sufficient cause were stated to be presumptive evidence of the requisite intent. Appellant claimed that the statute violated the Thirteenth Amendment and the due process clause of the Fourteenth Amendment. The state court held the …
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Quasi-Contracts - Recovery By Donor Of Charitable Relief From Paupers And Their Estates, James L. Mccrystal
Michigan Law Review
The question whether or not a pauper or his estate assumes an obligation to reimburse the donor of charitable relief has been subject to many varied and inconsistent answers. Most of the cases in this field are not distinguishable on their facts, and hence the inability to reconcile them must be laid to the differences in the reasoning of the courts in their attempts to handle these cases more from a sociological approach than from a legal point of view. In discussing this problem it is desirable to place these cases in three principal classes: (1) where relief is given …
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Bailments - Right Of Bailee For Hire To Limit His Liability By Contract With The Bailor, Michigan Law Review
Michigan Law Review
Plaintiff, a guest of the defendant hotel, left his trunk at the hotel check room and received a receipt which stated on the back that the defendant would not be liable in excess of $25 for any loss resulting from its negligence. When the plaintiff called for the trunk, it could not be found. Held, the defendant is liable for the full value of the trunk, since a bailee for hire cannot limit his liability for his own negligence. Oklahoma City Hotel Co. v. Levine, (Okla. 1941) 116 P. (2d) 997.
Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review
Contracts - Agency - Statute Of Frauds - Satisfaction Of The Statute Of Frauds By A Memorandum Signed By An Agent Acting For A Partially Disclosed Principal, Michigan Law Review
Michigan Law Review
Plaintiff engaged a Michigan corporation to negotiate the purchase for him of certain shares of stock. The corporation obtained the promise of defendant to sell the stock to the corporation as agent for an undisclosed principal. The corporation, acting as the agent for an undisclosed vendor (defendant), sent a written confirmation of the sale to the plaintiff and sent a similar memorandum to the defendant which was signed by the corporation as agent for an undisclosed vendee (plaintiff). The next day defendant notified the corporation that he refused to deliver the shares. Plaintiff brought a suit in equity for the …
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Labor Law - Right Of Employee To Sue On Collective Bargaining Contract Between Employer And Union, David Davidoff
Michigan Law Review
Defendant, a theatre owner, in March, 1939, entered into a collective bargaining contract with a local union by the terms of which he agreed to hire only union operators, to pay them a specified wage, and to give them two weeks' notice of their discharge, or two weeks' salary in lieu thereof, should he decide to go out of business. Plaintiff, a union member, was employed by the defendant from March, 1939, until he was discharged in December, 1939. It appeared that this discharge was occasioned by defendant's sale of his theatre and retirement from the business. Plaintiff sued for …
Contracts - Promise To Perform Pre-Existing Duty - Gifts - Choses In Action, Michigan Law Review
Contracts - Promise To Perform Pre-Existing Duty - Gifts - Choses In Action, Michigan Law Review
Michigan Law Review
Plaintiff contracted to excavate a cellar for a stated price. He encountered solid rock and completed his duty under the contract only after defendant orally agreed to give extra compensation. When the excavation was finished, defendant refused to make payment except on the basis of the original terms. Held, defendant, by his later promise, effectively discharged plaintiff from his obligation under the original contract by way of gift. Thus, performance by the plaintiff was consideration for the later promise, thereby creating a new and binding contract. Watkins & Son v. Carrig, (N. H. 1941) 21 A. (2d) 591.
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Michigan Law Review
Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …
United States - Contracts - Effect, When Tax Is Declared Unconstitutional, Of Provisions For Increase Or Decrease Of Purchase Price For Taxes "Imposed" Or "Changed", Wilbur Jacobs
Michigan Law Review
Between May 1935 and January 1936 the federal government purchased flour from respondent through contracts which contained a so-called "up and down" tax clause. The basic price charged included the A.A.A. processing taxes. During this same period respondent obtained an injunction against the collection of said processing taxes and, as a result of the decision of the Supreme Court in United States v. Butler, was relieved of liability for the tax. In a later suit brought by respondent in the Court of Claims to recover on other contracts, the government claimed a setoff for the amount of these taxes. …
Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review
Damages - Breach Of Contract - Right To Compete In A Contest, Michigan Law Review
Michigan Law Review
Defendant organized a contest whereby the public was invited to guess the number of beans in a jar, the fifteen persons submitting the answers most nearly correct to be entitled to become participants in a "quiz contest" in which the prize was an automobile to be awarded to "the person who is the last to be eliminated." The participants drew for the order in which they were to be questioned, the plaintiff drawing first position. On the fourth round of questions the plaintiff missed the question put to him, and then the other contestant failed to answer correctly, whereupon the …
Specific Performance - Effect Of A V Endor's Breach Of A Collateral Agreement, Michigan Law Review
Specific Performance - Effect Of A V Endor's Breach Of A Collateral Agreement, Michigan Law Review
Michigan Law Review
The vendor sought specific performance of a land contract containing the following clause, "On default by the buyer, the binder shall be retained by the seller, but if the seller shall be unable to make conveyance as above stipulated then the binder shall be returned and all obligations shall cease." It was agreed orally by the parties that the vendor would help the vendee finance the purchase. The vendor did provide the vendee with an application for a mortgage from a bank, but the bank did not promise to take the mortgage. Held, specific performance should be refused, both …
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Michigan Law Review
Plaintiff entered into an antenuptial agreement with his intended wife whereby she waived all rights which she might acquire by virtue of the marriage in certain stock which he owned. In consideration therefor, he transferred to her two annuities and an interest as tenant by the entirety in two parcels of real estate. Plaintiff contended that such transfers did not constitute taxable gifts, and the Board of Tax Appeals decided in his favor. Held, that the transfers were taxable gifts, for a waiver of marriage rights in the property of plaintiff pursuant to an antenuptial agreement did not constitute …