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Articles 1 - 11 of 11
Full-Text Articles in Law
Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review
Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review
Michigan Law Review
Plaintiff held a note of defendant's husband, long overdue. Defendant promised to guarantee payment of her husband's note, in consideration of plaintiff's promise to lend her money. Thereafter plaintiff, in breach of its promise, refused defendant a loan. Defendant immediately repudiated the contract. Plaintiff sued on the contract to recover the amount of the note with interest. Held, the promises were dependent; plaintiff's refusal to make the loan was a material breach of its promise, and excused defendant from further performance under the contract. People's Trust & Savings Bank v. Wassersteen, (Wis. 1937) 276 N. W. 330.
Law Departments And Law Officers In American Governments, John A. Fairlie
Law Departments And Law Officers In American Governments, John A. Fairlie
Michigan Law Review
On all levels of government, national, state and local, the need for the services of professional lawyers has been recognized. In addition to the judges of the higher courts, there are other law officers, whose function it is to give legal advice and assistance to the various executive administrative agencies, and to act as attorneys for the government and its officials in proceedings before the judicial courts in the enforcement of criminal laws and in other cases where the government or its officials are parties or are concerned with the legal problems involved. Little attention has been given to the …
Automobiles - Effect Of Violation Of Penal Licensing Statute, Michigan Law Review
Automobiles - Effect Of Violation Of Penal Licensing Statute, Michigan Law Review
Michigan Law Review
Plaintiff sued to recover for damages sustained when a negligent defendant collided with plaintiff's car. An unlicensed operator was driving plaintiff's car at the time. A state statute prohibited the operation of an automobile by an unlicensed driver, and specifically provided that no person shall "permit" operation of his car by such a driver. Held, plaintiff may recover, as he reasonably believed that the driver was licensed. Bowdler v. St. Johnsbury Trucking Co., (N. H. 1937) 189 A. 353.
Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio
Mortgages - Set-Off In Action Against Assuming Grantee On Third Party Beneficiary Theory, Anthony L. Dividio
Michigan Law Review
Evans and Fulmer entered into an agreement for an exchange of two pieces of property. Fulmer assumed two mortgages on the property conveyed to her. According to the agreement, Evans gave a first mortgage on the property conveyed to him to a third person and a second mortgage to Fulmer. Evans defaulted on the first mortgage assumed by him; Fulmer, who held the second mortgage, foreclosed and as a result suffered a $17,000 loss. Later, Evans regained possession of the promissory notes evidencing the second mortgage on the property conveyed to Fulmer, and assigned them to Goldfarb who sued Fulmer, …
Joint Adventure - Relationship Distinguished From That Of Employer-Employee, Wayne E. Babler
Joint Adventure - Relationship Distinguished From That Of Employer-Employee, Wayne E. Babler
Michigan Law Review
The taxpayer had an arrangement whereby he planned to furnish the Russian Government with shrapnel shells by farming out the various stages of manufacture to several different companies. A Canadian corporation, also having a contract for furnishing shrapnel, made arrangements with the taxpayer whereby the latter cancelled his contract and went in with the Canadian corporation. Under this arrangement the taxpayer was to furnish his manufacturing arrangement, plans, tools, gauges, drawings, etc., and to get fifteen per cent of the profits on the present contract and five per cent of the profits on future contracts of a similar nature. An …
Corporations -Amendment Of Charter - Power Of Legislature To Authorize, Michigan Law Review
Corporations -Amendment Of Charter - Power Of Legislature To Authorize, Michigan Law Review
Michigan Law Review
Remington Rand, Inc., by amendments to its charter authorized by laws passed subsequent to its incorporation, reclassified its stock so as to extinguish $26.25 dividends cumulated on the first preferred stock. The complainant was owner of some of the first preferred stock. He filed a bill in equity to invalidate the reclassification, to compel restoration of the original capital structure, and to compel the payment of the cumulated dividend so extinguished. Held, complainant cannot succeed as to his demand for invalidation of reclassification and restoration of the capital structure because of laches. He cannot force the payment of dividends …
Duty Of Liability Insurer To Compromise Litigation, John A. Appleman
Duty Of Liability Insurer To Compromise Litigation, John A. Appleman
Kentucky Law Journal
No abstract provided.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Judgments - Federal Declaratory Judgments Act, Charles R. Moon Jr.
Michigan Law Review
Underlying the declaratory judgment is the idea that in an organized and civilized society where law and order are thoroughly recognized and established, coercion is normally unnecessary to settle legal disputes between parties. The belief is that in many lawsuits the plaintiff is not seeking a means of coercing the defendant but that the plaintiff and the defendant merely want a final and conclusive decision of a disputed question on which their legal relations depend. The value of the declaratory judgment lies in that it may be used to settle this dispute, in many cases before any other form of …
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Negligence Injury To Child From Defendants Dangerous Chattel On The Land Of A Third Person, Michigan Law Review
Michigan Law Review
The minor plaintiff, a child of seven, sued to recover damages for personal injuries received while playing upon defendant's road scraper which had been parked near a playground in a vacant lot belonging to a stranger. Held, that the defendant was under a duty to guard against danger of injury to children by tying fast the operating mechanism with a rope, and the plaintiff, even though a trespasser, is entitled to recover. "The defense of no liability to a trespasser is personal to the owner of the premises trespassed upon; it does not inure to the benefit of strangers …
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Liability In Anglo-American Law For Damage Done By Chattels, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.
A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely
A Synthesis Of The Law Of Misrepresentation, Fowler V. Harper, Mary Coate Mcneely
Articles by Maurer Faculty
No abstract provided.