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Articles 61 - 64 of 64
Full-Text Articles in Law
Sales-Passage Of Title Before Payment Of Purchase Price
Sales-Passage Of Title Before Payment Of Purchase Price
Michigan Law Review
In January, S agreed to sell his business to the plaintiff, who went into possession, took over the lease, and operated the business. He did not have sufficient money to pay the purchase price at the time, and no bill of sale was given. A creditor of S took judgment on a promissory note made by S, of the existence of which note the plaintiff first became aware in February, and levied execution on the goods in the store. The plaintiff filed a claim of property. Held, that there was no sale at the time of the transfer of …
Pleading-Limitations Of Actions
Pleading-Limitations Of Actions
Michigan Law Review
The plaintiff's complaint, both as to the action for breach of warranty in the sale of condensed milk, and for a running account between October 17, 1917, and March 20, 1920, was drawn up in such a manner that in so far as the facts alleged in the complaint were concerned, the causes of action might have accrued. more than six years before this suit was started, that is, while it did not appear on the face of the complaint that the causes of action accrued more than six years prior to the bringing of this suit, yet, from all …
Wills-Presentation Of Claims
Michigan Law Review
An action on a contract was commenced against the testator during his life time. After his death notice was given to claimants to present their claims as provided by statute, P. L. 1920 p. 96. On the expiration of the time limit the court granted a rule barring further presentation of claims. The action begun against the testator was then revived against the executor in pursuance of statutory authority, 1 Comp. St. 1910, p. 4. Held, that the action commenced against the testator was properly revived against the executor in accordance with the abatement statute, supra. Pull v. Nagle …
Suretyship-Discharge Of Guaranty By Payment Of Amount To Which Liability Is Limited
Suretyship-Discharge Of Guaranty By Payment Of Amount To Which Liability Is Limited
Michigan Law Review
Defendant wrote a letter to plaintiff, "Kindly extend credit to A for materials to the amount of $250, and I hereby become security for the same." Relying on this letter, plaintiff for several years sold goods to A. By reason of A's defaults, defendant paid plaintiff $71.80 on one occasion and $197.10 on another. Later, A became indebted to plaintiff to the amount of $464.22 and this action was brought to recover on the guaranty the sum of $250. The court construed the guaranty as a continuing one, but held that that fact did not impose a continuing liability on …