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Contracts

University of Missouri School of Law

University of Missouri Bulletin Law Series

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Full-Text Articles in Law

Contracts For The Benefit Of Third Parties, James L. Parks Nov 1925

Contracts For The Benefit Of Third Parties, James L. Parks

University of Missouri Bulletin Law Series

If the modern theory of consideration is that it is compensation in the form of either a promise, or an act for a promisor's agreement, it is impossible to contend that a defendant in a contract for the benefit of a third party has not received it, if the contract between him and his promisee complies with the requisites of simple contract law. Under these conditions there will be consideration, but it will move from the promisee and not from the plaintiff-beneficiary.


Ultra Vires Transactions, James L. Parks Oct 1922

Ultra Vires Transactions, James L. Parks

University of Missouri Bulletin Law Series

It used to be commonly said that if a private corporation made a contract which the legislature, creating it, expressly or impliedly prohibited it to make, all courts would be bound to treat such agreement as "illegal and therefore wholly void." This statement probably accurately expresses the orthodox attitude of courts with respect to ultra vires contracts. In some cases the same proposition, stands today, but often it has been unsatisfactory in its application, and for this reason has been relaxed in many instances to a considerable degree. The problem of giving relief upon or enforcing ultra vires agreements of …


Equitable Servitudes In Missouri, George L. Clark Dec 1917

Equitable Servitudes In Missouri, George L. Clark

University of Missouri Bulletin Law Series

Before the decision in Tulk v. Moxhay, a contract not to use land in a particular manner was treated by equity courts in the same way as were other negative contracts; if the plaintiff was so injured in the enjoyment of his own land that damages at law did not furnish an adequate remedy, equity would specifically enforce the contract by granting an injunction against the promisor. The right thus to control the use of the property in the hands of the promisor can hardly be classified as other than a property right, but since it was enforcible only against …