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Articles 1 - 30 of 31
Full-Text Articles in Law
Limitation Of Actions - What Is A "Written" Contract Within Statute?, Michigan Law Review
Limitation Of Actions - What Is A "Written" Contract Within Statute?, Michigan Law Review
Michigan Law Review
Plaintiff sued on a clause in a deed in which the grantee assumed and agreed to pay a mortgage indebtedness therein specified. This obligation in the deed, being unsigned by the party to be charged, was held to be an unwritten contract by the lower court, and therefore barred by the six-year statute of limitations. Plaintiff appealed. Held, the contract, though unsigned by the party to be charged, was "in writing," and therefore the statutory fifteen-year period of limitations applied. McCormick v. Taft, (Ohio App. 1938) 22 N. E. (2d) 510.
Contracts - Vendor's Agreement Not To Compete - Construction Of The Areement, Michigan Law Review
Contracts - Vendor's Agreement Not To Compete - Construction Of The Areement, Michigan Law Review
Michigan Law Review
A South Carolina statute prohibited labor of employees in enumerated manufacturing and mercantile establishments for more than fifty-six hours per week or more than twelve hours in any one day. Plaintiffs were druggists who brought suit to restrain the commissioner of labor from enforcing the statute. A temporary restraining order was issued and the commissioner of labor appealed. Held, the statute was unconstitutional as in violation of the due process and equal protection clauses in both state and federal constitutions. Gasque, Inc. v. Nates, (S. C. 1939) 2 S. E. (2d) 36.
Contracts - Measure Of Damages For Anticipatory Breach Of Contract For Future Delivery Of Goods Having A Futures Market, Ralph E. Helper
Contracts - Measure Of Damages For Anticipatory Breach Of Contract For Future Delivery Of Goods Having A Futures Market, Ralph E. Helper
Michigan Law Review
Defendant agreed to buy part of plaintiff's annual crop of hops for three years. Several months before the first delivery was due, defendant repudiated. Held, the measure of damages was the difference between the contract price and the market price at the time of repudiation, rather than at the times delivery was called for in the contract. Renner Co. v. McNeff Bros., (C. C. A. 6th, 1939) 102 F. (2d) 664.
Promoters' Contracts-Ratification
Damages--Duty To Mitigate, A. F. G.
Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare
Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare
Michigan Law Review
Debtor corporation had contracted with defendant, operator of a retail store, whereby defendant agreed to sell debtor's products exclusively and to buy all of his supplies from debtor. While debtor was in the course of section 77 B reorganization proceedings, defendant refused to continue to comply with the contract, Defendant resided and did business in the same state and federal judicial circuit in which the reorganization court was located, but not within the territorial confines of the court, nor was process served upon defendant within the court's territorial jurisdiction. Debtor moved for specific performance of the contract. Held, debtor's …
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman
Michigan Law Review
Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson
Michigan Law Review
Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts
Michigan Law Review
The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans …
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud
Michigan Law Review
At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.
Michigan Law Review
The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Michigan Law Review
A and B mortgaged real estate to the plaintiff to secure their notes aggregating $9,000. Six months later A and B exchanged this property to the defendant for certain real estate owned by her. By the deed the defendant assumed the mortgage indebtedness owed to the plaintiff. As a further consideration for the exchange, A and B executed a note for $13,050 to the defendant. The plaintiff instituted this action against A and B, seeking to recover the balance, and by amended petition joined the defendant. The defendant claimed the right of set-off on the uncollected judgment against A …
Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr.
Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr.
Michigan Law Review
In an action on a promissory note, by an indorsee who was not a holder in due course, the defendant pleaded the following facts. In 1930 the payee held the promissory note of the defendant, who was known to be hopelessly insolvent. An agreement was thereupon made and executed between the payee, the plaintiff and defendant, whereby the plaintiff agreed to purchase the note from the payee in exchange for his automobile. The defendant in turn agreed to turn over to the plaintiff certain livestock or produce, to pay a certain balance in cash, and also to pay the license …
Contracts-Discharge By Partial Payment
Statute Of Frauds - Estoppel At Law As A Substitute For Part Performance In Equity, John M. Ulman
Statute Of Frauds - Estoppel At Law As A Substitute For Part Performance In Equity, John M. Ulman
Michigan Law Review
In 1930, plaintiff, as administratrix, mortgaged real estate to defendant. In 1933, plaintiff acquiesced in a foreclosure by defendant in pursuance of an oral agreement between the parties whereby it was understood that defendant would convey the land to plaintiff individually to hold for herself and others, plaintiff to give to defendant another mortgage for the same amount and to pay the costs. Defendant obtained title by foreclosure in March, 1934. Extensive repairs and improvements were made by plaintiff between September, 1934 and the spring of 1935. In October, 1934, defendant gave notice to plaintiff that it would not be …
Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher
Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher
Michigan Law Review
Defendants' intestate, who owned large interests in two lime companies operating in Washington and California, entered into a contract for the sale of a tract of land to plaintiff's predecessor in title. The contract contained a restrictive covenant to the effect that the grantee, or those claiming under him, would not use any of the limerock in said land for the purpose of making lime. Subsequently the grantor died, and the conveyance and execution of a deed, which included within its provisions the restrictive covenant, were made by the administrator of grantor's estate, pursuant to court order. Plaintiff brought an …
Married Women's Suretyship Contracts In The United States, Phillip Schiff
Married Women's Suretyship Contracts In The United States, Phillip Schiff
Kentucky Law Journal
No abstract provided.
Contracts--Consideration For Pension Agreement, Paul Leo Oberst
Contracts--Consideration For Pension Agreement, Paul Leo Oberst
Kentucky Law Journal
No abstract provided.
C. I. F. Contracts - Passage Of Title - Risk Of Loss - Obrecht V. Crawford Et Al.
C. I. F. Contracts - Passage Of Title - Risk Of Loss - Obrecht V. Crawford Et Al.
Maryland Law Review
No abstract provided.
Partnership By Estoppel Based On A Holding Out By One Other Than The Party Sought To Be Held - Brocato V. Serio
Maryland Law Review
No abstract provided.
Revocation Of A "License Acted Upon" - Mayor And City Council Of Baltimore V. Brack
Revocation Of A "License Acted Upon" - Mayor And City Council Of Baltimore V. Brack
Maryland Law Review
No abstract provided.
Specific Restitution In Equity Of Converted Stocks And Bonds - Farmer V. O'Carroll
Specific Restitution In Equity Of Converted Stocks And Bonds - Farmer V. O'Carroll
Maryland Law Review
No abstract provided.
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
California Conflict Of Laws In Regard To Contracts, Joseph M. Cormack
Faculty Publications
No abstract provided.
Contracts - Assignment Of A Debt Arising Under A Contract To Be Made In The Future, Stanton J. Schuman
Contracts - Assignment Of A Debt Arising Under A Contract To Be Made In The Future, Stanton J. Schuman
Michigan Law Review
The M Milk Co. was negotiating a sale of its business to the defendant, who did not want to purchase the business unless M Co. could deliver the personal property free of incumbrances. G, who held a mortgage on these properties, was present at the first negotiations between M Co. and the defendant, and at this time he released his mortgage in consideration of an assignment to him by M Co. of all the debts now due or to become due to it. Shortly thereafter a sale of the property was negotiated to the defendant, the result of which …
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Michigan Law Review
Plaintiff installed elevators in an apartment house under construction. The elevators were covered by a conditional sale contract with the general contractor. Prior to the sale of the elevators the apartment house had been mortgaged. Upon the contractor's default in payment for the elevators, plaintiff asserted his right to remove the elevators as against the owner of the apartment and the mortgagee. Held, the elevators could be removed. Otis Elevator Co. v. Arey-Hauser Co., (D. C. Pa. 1938) 22 F. Supp. 4.
Rationale Of Bargain Consideration, Hugh Evander Willis
Rationale Of Bargain Consideration, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Rationale Of Agreement, Hugh Evander Willis
Rationale Of Agreement, Hugh Evander Willis
Articles by Maurer Faculty
No abstract provided.
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Conflict Of Laws In Regard To Contracts In Field Code States Other Than California, Joseph M. Cormack
Faculty Publications
No abstract provided.
Contracts - Illegality - Right Of Surety Of Bank Officer To Recover Embezzled Bank Funds Lost In Gambling, James W. Mehaffy
Contracts - Illegality - Right Of Surety Of Bank Officer To Recover Embezzled Bank Funds Lost In Gambling, James W. Mehaffy
Michigan Law Review
A, president of B bank in South Dakota, embezzled funds which he used in trading in grain futures with D, a broker. Neither A nor D intended any actual delivery of the grain. P, surety for A, after having paid the bank for A's defalcation, sued D to recover the money A lost. Held, P can recover. Burke Grain Co. v. St. Paul-Mercury Indemnity Co., (C. C. A. 8th, 1938) 94 F. (2d) 458.
Rationale Of Agreement, Hugh Evander Willis
Rationale Of Agreement, Hugh Evander Willis
Kentucky Law Journal
No abstract provided.