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Articles 1 - 30 of 38
Full-Text Articles in Law
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Oosten V. Hay Haulers Dairy Employees & Helpers Union, Jesse W. Carter
Jesse Carter Opinions
A creamery whose employees refused to accept milk provided under contract by a milk producer, who signed with a different union, was liable for breach of contract and damages to cover the lower price the milk producer subsequently received elsewhere.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Michigan Law Review
Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …
Corporations - Stockholders - Effect Of State Constitutional Provisions On Liabilty To Creditors For Unpaid Subscriptions, Douglas Peck S.Ed.
Corporations - Stockholders - Effect Of State Constitutional Provisions On Liabilty To Creditors For Unpaid Subscriptions, Douglas Peck S.Ed.
Michigan Law Review
Basset and Company, an Oklahoma corporation, issued stock to defendant for which defendant never paid. The sum due was carried on the corporate books as "subscriptions receivable." The corporation became bankrupt and the trustee brought suit in the federal district court to recover the amount due on the subscriptions. Held, judgment for the defendant. Under the Oklahoma Constitution, where stock is issued for consideration which is less than par value, the issue is void. The stock certificate cannot serve as a consideration to support the would-be stockholder's promise to pay for the stock, and no liability attaches to the …
Contracts—Divisibility, James Lindsay
Contracts—Divisibility, James Lindsay
Buffalo Law Review
Rentways, Inc. v. O'Neill Milk & Cream Co., 308 N. Y. 342, 126 N. E. 2d 271 (1955).
Contracts—Copyright, Raymond Ettlinger
Contracts—Copyright, Raymond Ettlinger
Buffalo Law Review
April Publications, Inc. v. G. Schirmer, Inc., 308 N. Y. 366, 126 N. E. 2d 283 (1955).
Contracts—Offer And Acceptance, Richard C. Wagner
Contracts—Offer And Acceptance, Richard C. Wagner
Buffalo Law Review
Valashinas v. Koniuto, 308 N. Y. 233, 124 N. E. 2d 300 (1954).
Contracts—Account Stated, Richard C. Wagner
Contracts—Account Stated, Richard C. Wagner
Buffalo Law Review
Sea Modes v. Cohen, 309 N. Y. 1, 127 N. E. 2d 723 (1955i.
Contracts—Arbitration, Richard C. Wagner
Contracts—Arbitration, Richard C. Wagner
Buffalo Law Review
In re American Rail & Steel, 308 N. Y. 577, 127 N. E. 2d 562 (1955); In re Arbitration of Princeton Rayon Corp. v. Gayley Mill Corp., 309 N. Y. 13 127 N. E. 2d 729 (1955).
Contracts—Terms Of The Contract, Thomas Hagmeir
Contracts—Terms Of The Contract, Thomas Hagmeir
Buffalo Law Review
20 East 74th Street v. Minskoff, 308 N. Y. 407, 126 N. E. 2d 532 (1955).
Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson
Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson
Vanderbilt Law Review
Offer and Acceptance: Listing Property for Sale With Broker: In Jenkins v. Vaughan' the facts were these: Vaughan had a drug store for sale. He gave Jenkins, a broker, an exclusive listing for 90 days and promised to pay Jenkins a commission if the property were sold within that time "either through you or any other reason." This listing was made October 10, 1951. On December 10, 1951, Vaughan directed an employee of Jenkins to cancel the listing. And on December 28 Vaughan sold the store to a purchaser procured by another broker. Jenkins had not spent any appreciable time …
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Conflict Of Laws - Contracts - Enforcement Of Foreign Contract Though Contrary To State, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff, a citizen of Texas, obtained from the defendant an insurance policy which was written and delivered in Texas. The defendant agreed to pay for any damages to plaintiff's truck caused by fire, but stipulated that any dispute over the amount of the loss should he determined by arbitration proceedings in accordance with the terms of the contract. The truck was damaged by fire in Arkansas and a dispute arose over the amount of the loss. Plaintiff refused to submit the question to arbitration and brought this suit in the Federal District Court for Arkansas. Defendant argued that the action …
Restitution - Election Of Remedies - Action In Quasi-Contract Against Joint Tortfeasor As Barring Fraud Action Against Other Joint Tortfeasors, Douglas Peck S.Ed.
Restitution - Election Of Remedies - Action In Quasi-Contract Against Joint Tortfeasor As Barring Fraud Action Against Other Joint Tortfeasors, Douglas Peck S.Ed.
Michigan Law Review
Plaintiff sued for fraud, alleging that defendant engraving companies secretly agreed with an agent of the plaintiff to give the agent a commission in return for which the agent was to contract for engraving work to be done by the defendants for plaintiff at a rate in excess of the fair market price for such work. Upon discovery of the fraud and prior to the commencement of this action, plaintiff had instituted an action in a state court against its agent for money had and received, and had obtained an attachment. Upon defendants' motion to dismiss the fraud action, held …
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Budget Finance Plan V. Sav-On Food Club, Inc. [Dissent], Jesse W. Carter
Jesse Carter Opinions
Assignor's liability on contract was direct where assignor had agreed that, on default of buyer, suit could have been brought against it independent of whether assignee sued buyer and independent of whether assignee repossessed a freezer.
Contracts, Richard W. Bartke
Contracts, Richard W. Bartke
Washington Law Review
Covers cases on quasi-contractual remedies in unjust enrichment, on illegal bargains, and on time of execution of a contract for a realtor's commission.
Real Property--Contract To Purchase--Husband And Wife, C. B. F.
Real Property--Contract To Purchase--Husband And Wife, C. B. F.
West Virginia Law Review
No abstract provided.
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
The Use Of Parol Evidence In Cases Involving Written Instruments, William Burnett Harvey
Articles by Maurer Faculty
No abstract provided.
Partnerships - Valuation Of Assets On Death Of A Partner, John F. Dodge, Jr. S.Ed.
Partnerships - Valuation Of Assets On Death Of A Partner, John F. Dodge, Jr. S.Ed.
Michigan Law Review
There are three phases to the problem of arriving at a final dollar and cents valuation of a deceased partner's share in a partnership. In their proper chronological order they are: a determination of what the partnership assets are, a valuation of those assets once determined, and a division of the remainder (after liabilities have been subtracted) into the proper proportions according to the partnership agreement. Only the second phase is within the scope of this comment, the purpose of which is to examine various asset valuation methods both with respect to, and in the absence of, a valuation established …
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Michigan Law Review
An employer unilaterally instituted a stock purchase plan, membership in which was voluntary and open to regular employees who had at least one year of service and were at least thirty years of age. Members, through authorized payroll deductions, were to contribute monthly not less than five dollars but not more than five percent of their earnings. The employer contributed monthly an amount equal to fifty percent of each member contribution and annually an amount dependent upon the ratio of profits to invested capital, up to a combined total of seventy-five percent of the members' contributions. Member contributions were kept …
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Sales - Conditional Sales - Punitive Damages For Forcible Repossession Of Chattel, William G. Cloon, Jr. S.Ed.
Michigan Law Review
Plaintiff purchased a truck under a conditional sales contract which was assigned to the defendant finance company. He drove the truck to the place of business of the defendant to adjust differences between the two parties, but when he attempted to leave after no agreement had been reached, he discovered that the keys had been removed from the truck. When informed that the truck had been repossessed, the plaintiff produced another set of keys but was unable to leave with the truck. The testimony of the plaintiff that an agent of the defendant seized his hand to prevent the unlocking …
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …
Contracts--Collective Bargaining--Consideration For Promise To Pay Cash Equivalent Of Benefits, B. E. B.
Contracts--Collective Bargaining--Consideration For Promise To Pay Cash Equivalent Of Benefits, B. E. B.
West Virginia Law Review
No abstract provided.
Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.
Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.
Michigan Law Review
Plaintiff-employee was informed by the defendant, his employer, that his employment would be terminated because he had attained the age of sixty-five and it was the policy of the defendant to retire such employees. There was evidence indicating that this policy had been in practice uniformly for several years, but it was not incorporated in the collective bargaining agreement between defendant and plaintiff's union. Plaintiff sued for damages for violation of his rights under the collective agreement. Held, judgment for plaintiff. The legal and practical effect of compulsory retirement is the same as a discharge, and plaintiff's employment was …
Conditions In The Law Of Contracts, Merton Ferson
Conditions In The Law Of Contracts, Merton Ferson
Vanderbilt Law Review
Conditions Precedent. Assume that a contract obligation has been created. When must the obligor perform? In some cases the performances become due by the mere passing of time. But in many cases the performances are not due until and unless certain other events have occurred. These other events are called conditions precedent. Until they come to pass the obligor may omit performance with impunity. He has an excuse that will stay the hand of the obligee. The case of Shadforth v. Higgin' will serve to illustrate the immunity of an obligor when a condition precedent has not come to pass. …
Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller
Administrative Discretion In The Award Of Federal Contracts, Arthur S. Miller
Michigan Law Review
For our present purposes, the point to be seen is that while this article is inquiring into the question of choice of contractor, the government is largely in control of the other chief attribute of traditional liberty of contract: the terms and conditions of the contract itself. We may thus summarize a first conclusion in the inquiry under consideration in this manner: the government is under no restraint as to many of the terms and conditions of its contracts and may impose those conditions it deems necessary. These are imposed as a result of a statute (an example of …
Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.
Labor Law - Right To Unemployment Compensation As Affected By Union-Management Retirement Agreement, Lawrence N. Ravick S.Ed.
Michigan Law Review
Under what circumstances has an employee "voluntarily" left work so as to disqualify him from receiving benefits under an unemployment compensation act? This general question has troubled the courts for a considerable time and has presented itself in a variety of fact situations, e.g., leaving work because of labor disputes and for personal reasons. The courts' interpretation of the meaning of "voluntarily" has generally been influenced by numerous considerations such as the policy behind unemployment compensation, the specific terminology of the statute involved, and the procedure for financing the plans. The specific problem with which this comment deals is summarized …
Suretyship-Right Of Surety Of Bank Against Loss From Forgery To Recover On Subrogation Theory Against Depository Bank Guaranteeing Forged Indorsements On Checks [Standard Accident Ins. Co. V. Peliecchia, N. J. 1954]
Washington and Lee Law Review
No abstract provided.
Covenants In Leases In West Virginia, Londo H. Brown
Covenants In Leases In West Virginia, Londo H. Brown
West Virginia Law Review
The subject of covenants in leases has been dealt with by the courts and legal writers time and time again until it would seem that there can be very little said on the subject which has not already been said before and perhaps said many times. However, the subject has not been before the Supreme Court of Appeals of West Virginia many times and, when it has been before that court, no detailed consideration has been given it in most instances. General statements have been made, and general rules have been laid down, often without a reason for the statement …
Liabilities Under Promoter's Contracts, R. A. K.
Liabilities Under Promoter's Contracts, R. A. K.
West Virginia Law Review
No abstract provided.
Statute Of Frauds-Right Of Vendor To Collect On Check Given As Down Payment On Oral Sale Contract Repudiated By Vendee [Sturgis V. Meadors, Ark. 1954].
Washington and Lee Law Review
No abstract provided.
Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling
Labor Law - Labor-Management Relations Act - Effect Of Section 8(D) On The Right To Strike, Lawrence W. Sperling
Michigan Law Review
A union gave notice of its desire to modify the existing collective bargaining agreement sixty days before the date when, according to the terms of the contract, modification would be allowed. Eight months later, but prior to the termination date of the contract, the union called a strike. After several weeks the employees returned to work but the employer refused to reinstate them on the ground that they had struck before the expiration date of the contract in contravention of section 8(d) of the amended National Labor Relations Act and had thereby lost their employees status. On petition to the …