Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Michigan Law Review
Plaintiff was a Massachusetts real estate broker, not licensed to do business in New York. Defendants, who resided in New York, owned real estate in Massachusetts and executed a brokerage contract there with the plaintiff. The real estate was leased to a Massachusetts corporation through plaintiff's efforts. All of plaintiff's services, with the exception of several important conferences in New York, were performed in Massachusetts. On plaintiff's suit for unpaid commissions, held, for defendant. The New York brokerage laws prohibit recovery in a New York court by brokers, unlicensed in New York, who perform any brokerage services within the …
Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman
Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman
Michigan Law Review
Plaintiff was injured while in the employ of defendant. Thereupon the defendant agreed to give the plaintiff employment for life if he would not prosecute the claim before the State Industrial Commission. After thirteen years plaintiff was summarily discharged. The time having elapsed for filing a claim with the Industrial Commission, he brought this action for breach of contract. Statutes of Oklahoma provide that no agreement to waive the right to compensation shall be valid and that claims shall not be released. The lower court awarded plaintiff $3,000 damages. Defendant appealed. Held, the rule that invalid contracts will not …
Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg
Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg
Michigan Law Review
Defendant orally contracted to buy fifty special type motion picture cameras which plaintiff was to build. Plaintiff had completed ten cameras in whole and forty in part when defendant repudiated, setting up the defense that the contract was void under the California statute of frauds. In an action on the common counts for labor done and materials furnished, the court held, that plaintiff could not recover because defendant had accepted or retained no benefit from which a promise to pay could be implied. Mitchell Camera Corp. v. Fox Film Corp., (Cal. 1936) 59 P. (2d) 127.
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Effect Of A Restriction On Assignment In A Contract, Grover C. Grismore
Michigan Law Review
The early common law took a strictly logical view in regard to the assignability of contract rights and duties. Since a contract is essentially a personal relationship voluntarily entered into by the parties to it, it follows as a logical deduction that one of the parties should not be allowed to destroy that relationship by introducing a third person into it in his place without the consent of the other party. This was the view of the early common law. However, in the course of time, as we know, the commercial spirit gradually made inroads into this doctrine until we …
Quasi-Contracts - Measure Of Recovery On Infant's Disaffirmance
Quasi-Contracts - Measure Of Recovery On Infant's Disaffirmance
Michigan Law Review
On November 1, 1928, an infant caused to be delivered to a brokerage firm shares of stock in which he had an interest or equity of $3,342.09. The brokerage firm had been carrying a margin account with the infant which was continued until it was closed April 2, 1929, by payment to him of $70.99. While yet in his minority he rescinded the agreement with his brokers, and disaffirmed the entire transaction. In an action for the recovery of the value of his equity in the shares of stock as of November 1, 1928, minus the sum paid to him …
Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract
Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract
Michigan Law Review
Plaintiff paid $1,000 on an oral agreement for the purchase of land. Defendant admitted receipt of the money but alleged he was ready, able, and willing to comply with the terms of the agreement and convey the land. Held, that since the contract was void under the statute of frauds, plaintiff might recover. Reedy v. Ebsen, (S. D. 1932) 242 N. W. 592.
Wills -Validity Of Contracts To Suppress
Wills -Validity Of Contracts To Suppress
Michigan Law Review
Certain children entered into a contract during the lifetime of their parents, by the terms of which it was agreed that if the will of either parent should favor some of the children above others, the favored children would waive their rights under the will and share equally in the real and personal estate of the parents. The will of the father left the whole estate to the mother. Her will omitted any gift to one of the children, and this suit was brought by an assignee of that child to obtain specific performance of the agreement. Held, that …
Contracts - Illegality- General Restraint Of Trade
Contracts - Illegality- General Restraint Of Trade
Michigan Law Review
Defendants sold their stock in a manufacturing corporation with a covenant in the contract to the effect that they would not engage in the sale or manufacture of bunghole appliances in the United States, east of the Mississippi, for a period of sixteen years. Held, a contract which does not permit one to engage in his trade anywhere within the state is one in general restraint of trade and is ipso facto illegal and void. Parish et al. v. Schwartz et al. (Ill. 1931) 176 N.E. 757.
Contracts - Illegality - Contract To Relinquish Custody Of Child
Contracts - Illegality - Contract To Relinquish Custody Of Child
Michigan Law Review
The plaintiff declared on a contract between her father, Thomas Smith, and J. F. and A. T. Mulkey, in which the parent contracted to relinquish all control over the plaintiff, a minor, in consideration for which J. F. and A. T. Mulkey agreed to adopt the child and leave their property to her upon the death of the survivor. The contract was fully performed by the child's parent, but J. F. and A. T. Mulkey failed to adopt the child, and made no provision for her in the distribution of their property. In a suit by the plaintiff at the …
Corporations-Debts In Excess Of Statuatory Limit
Corporations-Debts In Excess Of Statuatory Limit
Michigan Law Review
Business Corporations generally have the power to borrow money for the purpose of their ordinary business, and to give the customary evidence of the debt and security therefor. Such power can be limited only by statute or by the charter. Statutes frequently provide that corporations should not incur indebtedness in excess of some particular stated amount, usually a certain proportion of the capital stock. A recent Nebraska case allowed the lender full recovery from the guarantor of corporate notes given in exchange for a loan in excess of the statutory limit, holding that excessive indebtedness does not necessarily invalidate contract …