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Full-Text Articles in Law

Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed. Dec 1944

Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.

Michigan Law Review

A mushroom crop of litigation has sprung up as a result of wartime governmental restrictions on production and consumption of civilian goods, particularly with respect to regulations of the sale of gasoline, tires, automobiles, and automobile accessories. Numerous problems have confronted the courts involving leases of property for the purpose of selling or servicing motor vehicles, where the lessee has sought to be released from his covenant to pay rent by invoking the so-called doctrine of "commercial frustration."


Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids Oct 1944

Equity - Clean Hands Doctrine - Tradename Infringement - Relief Awarded On Condition That Complainant Cleanse His Hands, Craig E. Davids

Michigan Law Review

For twenty-six years complainant conducted a tailor shop under the name, "Dundee Woolen Mills, Custom Tailors." On the front of the store was the slogan "No Middle Man's Profit," though the shop was neither owned by a woolen mill nor conducted in any manner that eliminated the usual middle man's profit. Defendant for many years operated a nation-wide chain of ready-to-wear stores under the name "Dundee Clothes" and eventually opened an establishment in complainant's locality. Suit was filed in equity to enjoin the defendant from using "Dundee" in his business. The lower court decided that though complainant had come into …


Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston Oct 1944

Parties - Whether Action For Money Judgment By Holder Of Unsecured Bonds Constitutes "Class" Suit Binding On All Owners Of That Series Who Did Not Appear, William Houston

Michigan Law Review

The Chicago Board of Education had issued a certain series of refunding bonds, and later defaulted on interest coupons, numbered 16, attached to the bonds. Prior to the present suit a suit in equity had been instituted against the board by some of the owners of these bonds, on behalf of themselves and all other owners of bonds in this series, in which they prayed for judgment for the amount of interest due to each owner, together with costs, and attorney's fees. Defendant made a motion, to dismiss that suit on the ground that such action could not be maintained …


Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed. Aug 1944

Constitutional Law - Court Of Claims - Separation Of Powers, Benjamin M. Quigg, Jr. S.Ed.

Michigan Law Review

Plaintiff sued the United States Government for breach of its contract for construction of a water supply tunnel, and in 1932 recovered judgment in the court of claims for approximately one-seventh of the amount sued for. Motions for new trial were denied and the Supreme Court refused to grant a writ of certiorari. In 1942 plaintiff secured the passage of a special act of Congress conferring jurisdiction on the court of claims to render judgment on plaintiff's claim in accordance with the mode of calculation set forth therein, waiving any defenses which the government might have in respect thereto, and …