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- Conditional sales contract (2)
- Destruction (2)
- Foster daughter (2)
- Fraud (2)
- Kansas (2)
- Minnesota (2)
- Mortgages (2)
- Statute of limitations (2)
- West v. Sims (2)
- Administrative remedy (1)
- Arbitrators (1)
- Armstrong v. Illinois Bankers Life Association (1)
- Athletic field (1)
- Automobile accident (1)
- Bank of Morton v. State Bond Commission (1)
- Beardsley v. Clark (1)
- Beneficiaries (1)
- Bonds (1)
- Breached conditions (1)
- Breath of duty (1)
- Brewery Workers Union (1)
- Burden of proof (1)
- Busick v. Home Owners Loan Corp. (1)
- Change of membership (1)
- Children (1)
Articles 1 - 30 of 35
Full-Text Articles in Law
Constitutional Law--Impairment Of Contract--Retrospective Limitations On Claims Under Optional Compensation System, E. I. E.
West Virginia Law Review
No abstract provided.
Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr.
Constitutional Law--Obligation Of Contract Clause--Tax Titles, H. L. W. Jr.
West Virginia Law Review
No abstract provided.
Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall
Constitutional Law - Impairing The Obligation Of Contracts - Refunding Bonds, John F. Hall
Michigan Law Review
In 1938, Mississippi authorized the issuance of state highway bonds in the aggregate of $60,000,000. Interest was payable semiannually and the bonds were to mature serially semiannually, and to the extent necessary to make these payments the revenues from gasoline taxes were pledged. The act further provided that the state covenanted that so long as any of the bonds were outstanding and unpaid, it would not authorize "any other obligations or securities payable from gasoline tax revenues" unless such revenues should increase in such an amount that one-third of the proceeds would be sufficient to meet the principal and interest …
Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S.
Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S.
West Virginia Law Review
No abstract provided.
Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Contracts - Arbitration And Award -Validity At Common Law Of Proceedings Void Under Arbitration Statutes, Edward H. Schlaudt
Michigan Law Review
Defendant contracted with plaintiff to grade an athletic field. The contract required all questions subject to arbitration thereunder to be submitted to statutory arbitration at the choice of either party. A dispute arose and at the plaintiff's demand three arbitrators were selected as provided in the contract. Plaintiff sued to collect an award granted in his favor. Defendant objected that both the contract of submission and the proceedings fell far short of the statutory requirements. Held, though the parties agreed to arbitrate under the statute, the proceedings pursuant to the contract fell so far short of statutory requirements that …
Equity - Specific Performance Of Contract To Lend Money, Robert C. Lovejoy
Equity - Specific Performance Of Contract To Lend Money, Robert C. Lovejoy
Michigan Law Review
Plaintiff, through the Mortgage Service Bureau, which acted as intermediary, negotiated a loan from defendant bank, secured by a mortgage on plaintiff's land. Plaintiff executed and delivered notes and a mortgage, and defendant drew a check for one of the loan installments payable to plaintiff and the bureau, The latter without authority took the check, forged plaintiff's signature, and kept the money. The bureau being out of business and insolvent, plaintiff, with an unfinished house on his hands and without funds to complete it, sought specific performance of the agreement to lend. Held, plaintiff was entitled to specific performance, …
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O'Laughlin
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O'Laughlin
Michigan Law Review
The husband and wife made joint and mutual wills, each giving to the survivor a life interest in his or her separate property with the remainder to their foster daughter, the plaintiff. The wife died first, but the husband destroyed the entire will, and took possession of all the wife's property. The husband then died intestate, and plaintiff brought suit against the heirs to enforce the dispositions made by the joint and mutual will. Plaintiff introduced evidence to show that the will was the product of a contract, and therefore irrevocable. Defendant objected on the grounds that the agreement was …
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O' Laughlin
Wills - Joint And Mutual Wills - Contracts To Bequeath And Devise - Statute Of Frauds, Charles J. O' Laughlin
Michigan Law Review
Husband and wife made joint and mutual wills, each giving to the survivor a life interest in his or her separate property with the remainder to their foster daughter, the plaintiff. The wife died first, but the husband destroyed the entire will, and took possession of all the wife's property. The husband then died intestate, and plaintiff brought suit against the heirs to enforce the dispositions made by the joint and mutual will. Plaintiff introduced evidence to show that the will was the product of a contract, and therefore irrevocable. Defendant objected on the ground that the agreement was not …
Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan
Labor Law - Jurisdictional Dispute - Validity Of Disposition By The A. F. Of L., Reed T. Phalan
Michigan Law Review
Both the Brewery Workers Union and the Teamsters Union, members of the American Federation of Labor, demanded jurisdiction over drivers of brewery wagons and trucks. In 1933, the Federation decided the controversy in favor of the Teamsters Union. The Brewery Workers Union refused to abide by this decision and filed suit for an injunction to restrain the Teamsters Union and the Federation from carrying out the decision. The lower court granted the injunction, construing the certificate of participation granted the Brewery Workers Union by the Federation as giving a contract right of prior and exclusive jurisdiction over the disputed group …
Conflict Of Laws-Statute Of Frauds As Defense To Enforcement Of Contract Executed In One State And Sued On In Another State. [Illinois]
Washington and Lee Law Review
No abstract provided.
Liquor Control Laws As Sanctions
Administrative Law - Doctrine Of Prior Resort - Resort To The Railway Adjustment Board Before Court Suit, Felicia I. Hmiel
Administrative Law - Doctrine Of Prior Resort - Resort To The Railway Adjustment Board Before Court Suit, Felicia I. Hmiel
Michigan Law Review
In 1937 the Louisville and Nashville Railroad Company, a party to a collective bargaining agreement which protected the seniority rights of the company's employees, rehired one of its old employees and put his name on the seniority list ahead of those of the plaintiffs, who were hired in 1924. For breach of the agreement the plaintiffs brought suit in the Georgia court without first applying for relief to the National Railway Adjustment Board, which has jurisdiction over disputes relating to the interpretation and application of such agreements. Held, that the jurisdiction of the board does not prevent recourse to …
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Michigan Law Review
Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and …
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Insurance - False Statements In Application - Implied Knowledge Of Insurance Company As Ground For Waiver, Michigan Law Review
Michigan Law Review
In a suit by the beneficiary on a life insurance policy, the insurance company defended on the ground that the insured knowingly had made false statements material to the risk in his application and therefore the company had a right to rescind the contract. The insured's false statements were to the effect that he had never been refused insurance on a former application, whereas in fact the John Hancock Insurance Co. had rejected his application in the preceding year. Both the John Hancock Co. and the defendant insurer were members of a common agency which gave information to its members …
Corporations - Close Corporations - Methods Of Retaining Ownership Of Stock In Surviving Stockholders When One Stockholder Dies, Reid J. Hatfield
Corporations - Close Corporations - Methods Of Retaining Ownership Of Stock In Surviving Stockholders When One Stockholder Dies, Reid J. Hatfield
Michigan Law Review
The close corporation is generally formed by a small group who take an active part in the business and whose participation is essential to the successful operation of the venture. Thus, a partnership may decide that the corporate form will more effectively protect the interests of its members, or a small number of people interested in the same enterprise may incorporate in order to limit their individual liability in the common endeavor. Whatever the reason for the use of the corporate entity, the active participation of each stockholder is probably of vital importance to the financial welfare of all. To …
The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff
The Present Status Of Collective Contracts In The American Legal System, Arthur Lenhoff
Michigan Law Review
Can it be that less than a score of years has elapsed since Schlesinger v. Quinto pointed out the difference between employment contracts and collective contracts? And yet in that short period the various objections recurrently raised regarding the enforceability of these contracts, such as lack of consideration and of mutuality as well as the dictate of the "personal service" rule, came to be disregarded. At a time when employers are not only obliged to bargain collectively but also, after reaching an agreement, to reduce it to writing, reminiscences of the "custom" doctrine must, indeed, resemble the frozen sounds in …
Severability Of Insurance Contracts
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Contracts - Consideration - Moral Obligation To Pay For Services Rendered In Past, Michigan Law Review
Michigan Law Review
After decedent's wife died, claimants, her mother and sister, at the request of the decedent, broke up their home and came to live with him, to keep house for him and to care for his children. These services continued for ten years, at which time the decedent gave claimants his promissory notes aggregating $2,000. They entered these notes as claims against his estate. Held, the claimants' services, even if rendered gratuitously, were performed at the decedent's request and raised a moral obligation which was sufficient consideration for the notes. In re Schoenkerman's Estate, (Wis. 1940) 294 N. W. …
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Michigan Law Review
Defendant contractor was engaged by the city of Duluth to do sewer construction work contemplating excavation in solid rock with heavy charges of explosives. The contract made defendant "liable for any damage done to private property and injuries sustained by persons" in the course of its work. Plaintiff's nearby land was damaged by defendant's blasting operations. Held, that plaintiff, a mere donee beneficiary, was entitled to recover, although he was not a party to the contract, had furnished no consideration, and was not identified at the time the contract was made. La Mourea v. Rhude, (Minn. 1940) 295 …
The Enforcement Of Oral Promises To Give Real Estate Security, Theodore A. Smedley
The Enforcement Of Oral Promises To Give Real Estate Security, Theodore A. Smedley
Washington and Lee Law Review
No abstract provided.
Contracts-Limits Of Promissory Estoppel As Basis Of Enforcing Gratuitous Promises [Stelmack V. Glen Alden Coal Co., Pa. 1940]
Washington and Lee Law Review
No abstract provided.
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Insurance - Fraternal Benefit Policy - Who Is A "Dependent'', Michigan Law Review
Michigan Law Review
Deceased was an inmate of an old age home, having paid an entrance fee and signed an entrance contract in which the home reserved the right to discharge inmates at any time without reason upon refund of a proportionate amount of the entrance fee. Deceased lived in the home until his death. He had taken out a policy in a fraternal benefit association whose by-laws provided that "In the event of the death of all beneficiaries named in a certificate . . . the benefits shall be paid . . . [to the] . . . person or persons upon …
Conditional Sellers, Hostile Claimants, And The Filing Period, Albert S. Abel
Conditional Sellers, Hostile Claimants, And The Filing Period, Albert S. Abel
West Virginia Law Review
No abstract provided.
Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin
Labor Law - National Labor Relations Act - Necessity Of A Written Contract To Meet Requirement Of Good Faith Collective Bargaining, Rex B. Martin
Michigan Law Review
Having found that the petitioner, by refusing to sign an agreement reached with the union, was refusing to bargain collectively, the National Labor Relations Board ordered it to bargain by signing a written agreement. The Circuit Court of Appeals for the Sixth Circuit directed enforcement of the board's order. On certiorari to that court, held that the board's order should be enforced. H.J. Heinz Co. v. National Labor Relations Board, (U. S. 1941) 61 S. Ct. 320, affirming (C. C. A. 6th, 1940) 110 F. (2d) 843.
Bankruptcy - Right Of Trustee Against Claimant Of Vendor's Lien, Michigan Law Review
Bankruptcy - Right Of Trustee Against Claimant Of Vendor's Lien, Michigan Law Review
Michigan Law Review
More than four months before bankruptcy the vendor sold an automobile truck to the bankrupt grocer under an unrecorded conditional sales contract, and a part of the purchase money, represented by an installment note, is still owing. The appellant was assigned the contract and note before the first installment became due. The truck was turned over to the trustee in bankruptcy, who sold it and holds the proceeds. Appellant filed a claim in bankruptcy asserting a statutory purchase money lien. Held, that the lien of the vendor prevails over the trustee. Commercial Credit Co. v. Davidson, (C. C. …
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Election Of Remedies- Contracts Induced By Fraud, Michigan Law Review
Michigan Law Review
In 1939, plaintiff brought an action alleging in his complaint that defendant became indebted to him on December 17, 1928, for $13,400, for money had and received by defendant to the use of plaintiff. In a bill of particulars plaintiff pointed out that the indebtedness arose from the purchase of certain bonds and the subsequent rescission of the contract of purchase prior to the commencement of this action, basing his right to rescind upon misrepresentations made by, and the fraud of, defendant in inducing the purchase of said bonds. When defendant moved for a summary judgment on the ground that …
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Michigan Law Review
Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …
Can A Third Party Beneficiary Who Is Not A Payee Enforce A Contract For His Benefit?, E. R. Webb
Can A Third Party Beneficiary Who Is Not A Payee Enforce A Contract For His Benefit?, E. R. Webb
Kentucky Law Journal
No abstract provided.
Trade Regulation: Inducing Breach Of Contract And Refusal To Deal In The Absence Of Conspiracy And Monopoly, Howard E. Trent Jr.
Trade Regulation: Inducing Breach Of Contract And Refusal To Deal In The Absence Of Conspiracy And Monopoly, Howard E. Trent Jr.
Kentucky Law Journal
No abstract provided.