Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Infants - Minority As A Defense To Rescission For Fraud, Raymond H. Rapaport
Michigan Law Review
Two defendants, one of whom was a minor, sold a business to the plaintiff. The plaintiff, in seeking to rescind the contract on the ground that it was induced by fraud, obtained a decree declaring the contract cancelled, and judgment was entered against the defendants for the sums they had received from the plaintiff. The minor defendant filed a petition to vacate the judgment as to him because during the trial no guardian ad litem had been appointed to represent him. Held, defendant is entitled to a new trial only if he could have made a good defense, and …
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Contracts - Right Of Donee Beneficiary, Michigan Law Review
Michigan Law Review
Defendant contractor was engaged by the city of Duluth to do sewer construction work contemplating excavation in solid rock with heavy charges of explosives. The contract made defendant "liable for any damage done to private property and injuries sustained by persons" in the course of its work. Plaintiff's nearby land was damaged by defendant's blasting operations. Held, that plaintiff, a mere donee beneficiary, was entitled to recover, although he was not a party to the contract, had furnished no consideration, and was not identified at the time the contract was made. La Mourea v. Rhude, (Minn. 1940) 295 …
Corporations - Officers And Directors - Duty To Investigate Purchasers Of Controlling Interest, Michigan Law Review
Corporations - Officers And Directors - Duty To Investigate Purchasers Of Controlling Interest, Michigan Law Review
Michigan Law Review
Plaintiff corporation, an investment trust specializing in shares of small life insurance companies, brought an action against its former officers and directors, referred to as "the management group," who in 1937 owned twenty-seven per cent of the outstanding stock of the corporation. This group sold all their stock at an inflated price to another group, referred to as "the Boston group," who on the resignation of the management group immediately elected themselves to the control of the corporation. By this control the Boston group obtained access to the portfolio and proceeded systematically to rob the corporation of all its securities. …
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Insurance - Conditional Vendor's Insurance - Effect Of Repair By Or Restoration To The Vendee Or Sub-Vendee, Michigan Law Review
Michigan Law Review
Plaintiff, a Minnesota corporation, purchased the vendor's interest in an automobile sold under a conditional sales contract. The defendant insured the plaintiff against direct loss or damage to the automobile by collision and/or upset. The vendee, without plaintiff's knowledge or consent, sold the car to a sub-vendee who drove it to Texas, became involved in an accident, and sold the wreckage to a resident of Texas who purchased in good faith. The car was rebuilt and resold. Plaintiff sued for the loss caused by the collision. Held, plaintiff may recover even though the car was repaired by others prior …