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Is The Assignee Of A Contract Liable For The Non-Performance Of Delegated Duties?, Grover C. Grismore
Is The Assignee Of A Contract Liable For The Non-Performance Of Delegated Duties?, Grover C. Grismore
Articles
IT is an oft recurring statement that "rights arising out of a contract cannot be transferred if they are coupled with liabilities." It is such obscure statements as this which give rise to and perpetuate error, and an examination of the cases will show that this one has been responsible for no little confusion in regard to the matter of assignment in the law of Contract. Our courts, under the pressure of a well filled docket, are prone to seize upon a broad generalization of this kind without examining its true meaning or defining its proper limitations. It is high …
Effect Of An Agreement By One Person To Supply Another's 'Requirements' Of A Given Commodity, Grover C. Grismore
Effect Of An Agreement By One Person To Supply Another's 'Requirements' Of A Given Commodity, Grover C. Grismore
Articles
The cases show that the kind of agreement indicated by the heading of this note has become an established part of business usage. In normal times such an agreement is likely to be carried out to the entire satisfaction of both parties, without question, but, in a period of changing business conditions and abnormal price flctuations such as we have witnessed during the last few years, nice questions of interpretation are likely to arise, as is well illustrated by the recent case of Oscar Schlegel Mfg. Co. v. Peter Coopers Glue Factory, (1920) 179 N. Y. S. 271.
Contracts For The Benefit Of A Third Person In Michigan, Grover C. Grismore
Contracts For The Benefit Of A Third Person In Michigan, Grover C. Grismore
Articles
In the recent case of Preston v. Preston the supreme court of Michigan had occasion to consider the question as to whether or not one for whose benefit a contract is made has any enforcible rights. The suit was one 'in Chancery, the donee plaintiff was an invalid, and every consideration of justice and equity demanded that she be given relief. The court had, however, to face the fact that in recent cases it had indicated its opinion to be that the third party beneficiary has no rights. In Modern Maccabees v. Sharp, (1910) 163 Mich. 449, 456 the court …
Conflict Of Laws--The Law Controlling The Validity Of A Married Woman's Contract, Victor H. Lane
Conflict Of Laws--The Law Controlling The Validity Of A Married Woman's Contract, Victor H. Lane
Articles
The case of Poole v. Perkins (Va.), IO S. E. 240, involves that troublesome question of whether the validity of a contract is to be ruled by the law of the place where made, or by that of the place of performance.