Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 38

Full-Text Articles in Law

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review Dec 1936

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review

Michigan Law Review

Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …


Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review Dec 1936

Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review

Michigan Law Review

Plaintiff owned 100 shares of preferred stock of defendant corporation, the certificates for which, and the articles of incorporation, provided for redemption on a· given date. Subsequent to plaintiff's becoming a stockholder but prior to the redemption date of his stock, a statute was passed allowing the majority of voting shareholders of a corporation to amend its articles "without limitation." Pursuant thereto the date for redemption of plaintiff's stock was postponed twenty-five years. Under the amended articles defendant refused plaintiff's tender of the stock and demand of payment on the original redemption date. In an action against the corporation, held …


Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman Dec 1936

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman

Michigan Law Review

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …


Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance Nov 1936

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-Agreements For Leasing Departments In Retail Stores Nov 1936

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.


Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort Nov 1936

Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort

Michigan Law Review

In an action for money had and received, plaintiff alleged that the International Railroad Company owed plaintiff $40,000 as compensation for services rendered under an existing and valid contract of employment; that with knowledge of this fact defendant corporation, representing that it, and not plaintiff, was entitled to this sum, fraudulently conspired with International Railway Company that this sum be paid defendant instead of plaintiff, and that said amount was paid defendant, resulting in unjust enrichment under circumstances in which the law implies a promise on defendant's part to pay said sum to plaintiff. In reversing a judgment sustaining a …


Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review Nov 1936

Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review

Michigan Law Review

In an effort to protect the taxpayer from the extravagance of municipal officials, two types of restrictions, in the main, have been imposed: those limiting the power to contract debts, and those restricting the power to levy taxes. Frequently in an effort to recover and collect a judgment against the city, one or the other of these restrictions is met. Courts seem to hold unanimously that debt limitations apply to the city's obligations in contract and not in tort, but they are divided as to the effect of tax limitations upon collection of a tort judgment. As an example of …


Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea Nov 1936

Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea

Michigan Law Review

Plaintiff advertising firm submitted advertising plans at the invitation of defendant brewing company, in the hope of getting a contract to handle its advertising. Defendant awarded the contract to another, but appropriated and used extensively a slogan, "The Beer of the Century," from the material submitted by plaintiff, who sued to recover the value thereof. Held, that plaintiff was entitled to recover, on an implied contract to pay for the services, the value to defendant of the fruits of the services. How. J. Ryan & Associates, Inc. v. Century Brewing Assn., 185 Wash. 600, 55 P. (2d) 1053 …


Constitutional Law--Impairing Obligation Of Contracts--Statute Of Limitations On Enforcement Of Lien Of Trust Deed Jun 1936

Constitutional Law--Impairing Obligation Of Contracts--Statute Of Limitations On Enforcement Of Lien Of Trust Deed

West Virginia Law Review

No abstract provided.


The Effect Of Impossibility Upon Conditions In Wills, Lewis M. Simes May 1936

The Effect Of Impossibility Upon Conditions In Wills, Lewis M. Simes

Michigan Law Review

Writers may discourse upon the danger of construing trees to mean raspberry bushes or cabbages, but the fact remains that written instruments are interpreted with the aid of something more than a dictionary. Circumstances existing both at the time the document is executed and at a subsequent period are considered in determining what it means. This statement applies to conditions as well as to other parts of a written instrument. Nor should we be surprised to find that impossibility of performance may modify legal consequences.


Contracts--Third Party Creditor-Beneficiary Contract Enforced At Law Apr 1936

Contracts--Third Party Creditor-Beneficiary Contract Enforced At Law

West Virginia Law Review

No abstract provided.


Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan Apr 1936

Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan

Michigan Law Review

Modern decisions have provided an important device for the protection of creditors through extension of the duty of disclosure by persons in extreme financial distress. The remedy chiefly used is rescission, which can be secured on the ground of "fraud," with restitution of property transferred in ignorance of the purchaser's distressed condition. The "fraud" need not consist of express misrepresentation of fact, though express misrepresentation often appears as an independent ground leading to the same result. The commercial importance of the remedies thus developed seems to justify consideration both of their practical consequences and of the theories on which relief …


Contracts-Effect Of A Stipulation Denying Legal Effect In An Employer's Voluntary Pension, Bonus Or Death Benefit Plan, Grover C. Grismore Mar 1936

Contracts-Effect Of A Stipulation Denying Legal Effect In An Employer's Voluntary Pension, Bonus Or Death Benefit Plan, Grover C. Grismore

Michigan Law Review

It has generally been supposed that where two persons go through the form of offer and acceptance but at the same time mutually agree that their undertakings shall not be legally obligatory, they are not contractually bound. In fact, it has frequently been asserted that the intent to have legal obligation must appear affirmatively before a contract can be found to exist. It may be doubted whether this is so, since it is clear from the decided cases that no showing of such an intention is ever required. The intention to have a contract is invariably assumed to exist in …


Damages-Liquidated Damages-Penalty Feb 1936

Damages-Liquidated Damages-Penalty

Indiana Law Journal

No abstract provided.


Rationale Of The Law Of Contracts, Hugh Evander Willis Feb 1936

Rationale Of The Law Of Contracts, Hugh Evander Willis

Indiana Law Journal

No abstract provided.


Levy Of Attachment And Execution On Buyer's Interest Under Conditional Sales Contract Feb 1936

Levy Of Attachment And Execution On Buyer's Interest Under Conditional Sales Contract

West Virginia Law Review

No abstract provided.


Open Sales And Open Price Contracts Feb 1936

Open Sales And Open Price Contracts

West Virginia Law Review

No abstract provided.


Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note Feb 1936

Public Policy--Rule Of Swift V. Tyson--Attorney's Fee Provision In Promissory Note

West Virginia Law Review

No abstract provided.


Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price Feb 1936

Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price

Michigan Law Review

In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …


Unforgetable Knowledge, Maurice H. Merrill Feb 1936

Unforgetable Knowledge, Maurice H. Merrill

Michigan Law Review

In another article, the writer had occasion to analyze the concept of notice. He there called attention to the fact that in some instances the existence of notice depends upon awareness by the person to be charged, either of the ultimate facts or of circumstances placing him upon inquiry thereof, while in other cases notice exists entirely independent of such awareness. To characterize notice of the first class he suggested the term "cognitive notice," applying to the latter the designation "absolute notice."


Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration Feb 1936

Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration

Michigan Law Review

In an action on a promissory note the plaintiff claimed, as a holder in due course, to be free from the defense of failure of consideration. When the plaintiff acquired the note it was physically attached to a conditional sales contract by the terms of which the payee was to furnish the maker with an oil burner which in truth was never furnished, this being the claimed failure of consideration. Breach of the sales contract apparently took place after the plaintiff acquired the note. Held, plaintiff, having knowledge of the terms of the contract, was not a holder in …


Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission Feb 1936

Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission

Michigan Law Review

Plaintiff was induced to purchase stock in defendant corporation through representations as to its previous earning power made by agents of the corporation who were also joined as defendants. Plaintiff sued on a theory of rescission to recover the value of property transferred in exchange for the stock in question. Held, the agents of the corporation were properly joined as defendants. Kaufman v. Jaffee, 244 App. Div. 344,279 N. Y. S. 392 (1935).


Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request Feb 1936

Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request

Michigan Law Review

Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant's brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman's lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to …


Contract For Lifetime Employment Held Void For Indefiniteness Of Subject Matter - Baltimore And Ohio Railroad Company V. King Jan 1936

Contract For Lifetime Employment Held Void For Indefiniteness Of Subject Matter - Baltimore And Ohio Railroad Company V. King

Maryland Law Review

No abstract provided.


Equity--Specific Performance. A Criticism Of The Doctrine Of Equitable Conversion, John Geyer Jan 1936

Equity--Specific Performance. A Criticism Of The Doctrine Of Equitable Conversion, John Geyer

Kentucky Law Journal

No abstract provided.


Contracts--Conditions Precedent--Promise To Pay When Able, John L. Davis Jan 1936

Contracts--Conditions Precedent--Promise To Pay When Able, John L. Davis

Kentucky Law Journal

No abstract provided.


Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Roy Mitchell Moreland Jan 1936

Restatement Of The Law Of Contracts Annotated With Kentucky Decisions, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


The American Law Institute's Restatement Of The Law Of Contracts Annotated With Kentucky Decisions (Concluded), Roy Mitchell Moreland Jan 1936

The American Law Institute's Restatement Of The Law Of Contracts Annotated With Kentucky Decisions (Concluded), Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.


Equity: Risk Of Loss, Albert R. Jones Jan 1936

Equity: Risk Of Loss, Albert R. Jones

Kentucky Law Journal

No abstract provided.


The Origin Of The Doctrine Of Equitable Conversion By Contract, John L. Davis Jan 1936

The Origin Of The Doctrine Of Equitable Conversion By Contract, John L. Davis

Kentucky Law Journal

No abstract provided.