Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Quasi-Contracts-Landlord And Tenant-Recovery For Overpayment Of Rent In Violation Of Statute, William P. Sutter
Michigan Law Review
Plaintiff occupied a dwelling house from 1928 to 1945, paying $35 per month rent until September, 1941. In that month, defendant, his landlord, increased the rent to $75, which plaintiff paid until September, 1945. The property was registered with the Office of Price Administration at a maximum rental of $35, and this fact was known to plaintiff. Plaintiff's suit to recover the overpayment of $40 per month was dismissed. On appeal, held, affirmed. No statute specifically authorized restitution, and the illegality of the contract precludes restitution in absence of statute. Jones v. Chennault, (Mich. 1948) 35 N.W. (2d) …
Adoption - Right Of Inheritance In Absence Of Legal Adoption-Specific Performance Of Contract To Adopt And Other Remedies, James C. Mordy
Adoption - Right Of Inheritance In Absence Of Legal Adoption-Specific Performance Of Contract To Adopt And Other Remedies, James C. Mordy
Michigan Law Review
Adoption was unknown at common law. Modern statutes permitting adoption are largely derived from Roman ideas, which were introduced into this country first through the civil law of Louisiana and later by statutes, beginning with Massachusetts in 1851.
Under the English common law, the only persons capable of inheriting property were blood relations of the deceased. On the other hand, most modern adoption statutes permit inheritance by adopted children equally with natural children. Adoption being purely statutory, the early cases denied the right of inheritance by supposedly adopted children when the statute was not strictly followed. Though still purporting to …
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Corporations-Restrictions On Holding Real Estate-Lnterpretation Of Michigan's Constitutional Restriction, W. M. Myers
Michigan Law Review
While it is now well settled that a corporation has the power to acquire and hold real estate, this power may be limited by the charter creating the corporation, by legislative enactments of a general nature, or by specific constitutional provisions. When such a limitation is imposed by constitution, a problem of construction arises in interpreting it in a workable way after the social conditions motivating it have changed or disappeared.
Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.
Corporations-Blue Sky Laws-Liability Of Officers And Directors Of Corporation For Violation, L. W. Larson, Jr.
Michigan Law Review
Plaintiff sued a corporation and its president to recover money paid for purchase of stock sold in violation of the ''blue sky" laws of Michigan. The president, through correspondence, had induced plaintiff to complete the purchase. Plaintiff had judgment below against both defendants. The president alone appealed, contending among other things that he was not an "agent" within the meaning of the statute. Held, affirmed. The word "agent" in the Michigan statute1 includes officers and directors of the corporation whether they are authorized "agents" or are holding themselves out as "agents" of the corporation. Cleland v. Smart, 321 …