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Articles 6781 - 6810 of 7880
Full-Text Articles in Law
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 …
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter
Jesse Carter Opinions
In a breach of contract action, fish hatchery owners were not entitled to recover for the loss of fish from an irrigation district as the contract to supply water provided the fish hatchery owners could not use the water for non-irrigation purposes.
Acceptance By Mail: Adams V. Lindsell
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Suretyship--Reimbursement--Subrogation--Statute Of Limitations, J. Arna Gregory Jr.
Suretyship--Reimbursement--Subrogation--Statute Of Limitations, J. Arna Gregory Jr.
Kentucky Law Journal
No abstract provided.
Property Rights In Professional Service Contracts, David B. Sebree Jr.
Property Rights In Professional Service Contracts, David B. Sebree Jr.
Kentucky Law Journal
No abstract provided.
Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii
Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii
Kentucky Law Journal
No abstract provided.
Contracts--Bailments--Effect Of Provisions Limiting Liability Printed On Parking Lot Identification Receipt, J. Montjoy Trimble
Contracts--Bailments--Effect Of Provisions Limiting Liability Printed On Parking Lot Identification Receipt, J. Montjoy Trimble
Kentucky Law Journal
No abstract provided.
Statute Of Frauds--Personal Services As Part Performance Of Oral Contract To Devise, Robert A. Palmer
Statute Of Frauds--Personal Services As Part Performance Of Oral Contract To Devise, Robert A. Palmer
Kentucky Law Journal
No abstract provided.
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Future Interests - Effect Of Change Of Conditions On Rights Of Entry And Possibilities Of Reverter Created To Control The Use Of Land, Rinaldo L. Bianchi
Michigan Law Review
It is the purpose of this comment to examine the skills which courts have developed to avoid inequitable results which might arise from forfeiture of estates, and, further, to attempt to demonstrate that judicial opinion may be in a transitional stage, tending to incorporate into law the equitable doctrine of change of conditions in disposing of cases involving rights of entry and possibilities of reverter.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: Ii, Bertel M. Sparks
Michigan Law Review
After there has been a contract to make a will it is often said that the promisor is a trustee of the property for the use of the promisee. This statement is usually offered as a reason for or an explanation of the relief granted in a particular case, without any indication as to how such a premise was arrived at and without any consideration of other possible results that might How from the designation of the relationship as a trust.
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Legal Effect Of Contracts To Devise Or Bequeath Prior To The Death Of The Promisor: I, Bertel M. Sparks
Michigan Law Review
Questions involving the rights, duties, powers, privileges, and immunities of parties to contracts to devise or bequeath are frequently raised prior to the death of the party promising to make the devise or bequest. In essence the problem is one of analyzing the legal relationships existing prior to the date set for performance. An analysis of these relationships is undertaken in this article. Vital questions concerning the formation of such contracts and their enforcement after the promisor's death are considered only when they appear essential to the development of the main theme which concerns the contract's effect prior to the …
Banks And Banking - Validity Of Exculpatory Clauses In Stop-Payment Orders, Lawrence N. Ravick S.Ed.
Banks And Banking - Validity Of Exculpatory Clauses In Stop-Payment Orders, Lawrence N. Ravick S.Ed.
Michigan Law Review
Plaintiff, a depositor in defendant commercial bank, in seeking to stop payment of his check, executed and left with the bank a printed form supplied by the bank, entitled ''Request to Stop Payment of Check." Among the terms of the paper was a provision which constituted a release of the bank from all liability should it pay the check through "inadvertence, accident or oversight." The bank subsequently honored the check and charged its amount against the plaintiff's account. Plaintiff demanded that the defendant refund this amount, but the defendant refused to do so. Plaintiff thereupon brought an action against the …
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Future Interests - Rule Against Perpetuities - Applicability Of The Rule To An Option To Purchase Incident To A Lease, Donald M. Wilkinson, Jr. S.Ed.
Michigan Law Review
Plaintiffs' testator ''leased" certain land to the defendants' assignor for a period of twenty-eight years, the latter contracting to pay $1,200 annually and to pay all taxes and assessments against the land during that period. The instrument also contained a clause whereby plaintiffs' testator contracted to convey in fee to defendants' assignor at the expiration of the twenty-eight year period, upon the latter's making a payment of one dollar. During the twenty-eight year period considerable improvements were made on the land. At the expiration of the period plaintiffs sought a declaration of rights and obligations of the parties under the …
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Insurance - Recovery - Rights Of Mortgagee Under Mortgagor's Insurance, Robert B. Fiske, Jr. S.Ed.
Michigan Law Review
Defendant issued a policy of fire insurance on an automobile plaintiff had purchased with money borrowed from one Hansen, to whom a note and a chattel mortgage were given as security for the debt. A week after the policy was issued naming plaintiff as the insured, defendant executed an amendment to the policy in the form of an endorsement reading, "Less if any ... shall be paid to the insured and Charles H. Hansen as their interests may appear." The policy provided that it should not apply while the car was subject to any mortgage or other encumbrance not specifically …
Jacobs: Law Writers And The Courts, Richard. A. Edwards
Jacobs: Law Writers And The Courts, Richard. A. Edwards
Michigan Law Review
A Review of Law Writers and the Courts. By Clyde E. Jacobs
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Contracts - Usury - Dual Contracts Designed To Evade Usury Prohibitions, Richard W. Young S.Ed.
Michigan Law Review
Plaintiff applied to the defendant finance company for a loan of $100. The lender agreed to advance this amount and accordingly required the plaintiff to execute a note in the sum of $114.04 payable in one year and secured by a chattel mortgage on an automobile, but insisted in addition that plaintiff purchase an investment certificate in the amount of the note, issued by the defendant company and bearing percent interest, which certificate was to be paid for in twelve monthly instalments. Contending that the interest thus exacted was usurious, the plaintiff brought suit for cancellation of the note and …
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Corporations - Securities Regulation - Investment Contracts Under Securities Act Of 1933, James W. Beatty S.Ed.
Michigan Law Review
Plaintiffs purchased tracts of twenty acres, part of a larger tract owned by the defendant, for the purpose of developing the tracts into small citrus groves. Plaintiffs also executed with defendant a care and management contract, whereby plaintiff was to give directions as to the marketing of the crops on the tract; the defendant management company was to follow these directions but would still supervise harvesting and marketing and would receive its compensation therefor. Plaintiff brought an action under the Securities Act of 1933 to impose civil liability for fraudulent misrepresentations and material omissions concerning the value of the land. …
Contracts—Agreements To Arbitrate, Frank Dombrowski Jr.
Contracts—Agreements To Arbitrate, Frank Dombrowski Jr.
Buffalo Law Review
Riverdale Fabrics Corp. v. Tillinghast Stiles Co., 306 N. Y. 288, 118 N. E. 2d 104 (1954); Helen Whiting, Inc. v. Trojan Textile Corp., 307 N. Y. 360, 121 N. E. 2d 367 (1954).
Contracts—Conditions Precedent, Frank Dombrowski Jr.
Contracts—Conditions Precedent, Frank Dombrowski Jr.
Buffalo Law Review
Wagner v. Derecktor, 306 N. Y. 386, 118 N. E. 2d 570 (1954).
Contracts—Constructive Trusts, Frank Dombrowski Jr.
Contracts—Constructive Trusts, Frank Dombrowski Jr.
Buffalo Law Review
Ehag Eisenbahnwerte Holding Arktiengeselkschaft v. Banca Nationala A Romaniei, 306 N. Y. 242, 117 N. E. 2d 346 (1954).