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Full-Text Articles in Law

Extension Of Liability Of Abstracters, Harry R. Trusler Dec 1919

Extension Of Liability Of Abstracters, Harry R. Trusler

Michigan Law Review

The General Rule.- In 1900 a standard encyclopedia said: "By the weight of authority an abstracter is liable only to the person ordering and paying for the abstract; and where this view obtains, the fact that an abstracter has knowledge that his abstract is to be used in a sale or loan to advise a purchaser or person about to lend money does not affect the rule as to his liability. In some jurisdictions, however, the abstracter's liability has been extended to protect those who, relying on the correctness of the abstract, are injured."


The Seller's Action For The Price, John B. Waite Feb 1919

The Seller's Action For The Price, John B. Waite

Articles

WHEN a contract of sale has been broken by the buyer, before title has passed according to the usual rules of presumption, there arises the very practical question whether the seller can sue him for the purchase price, as such, or is limited to a suit for damages only. In the latter case his damage may happen to equal the purchase price, but it is usually considerably less than that amount. If the seller can recover the purchase price, as such, it must be because that price is legally due him as a consequence of the contract. The ultimate inquiry ...


Causa And Consideration In The Law Of Contracts, Ernest G. Lorenzen Jan 1919

Causa And Consideration In The Law Of Contracts, Ernest G. Lorenzen

Faculty Scholarship Series

Although the common law is the general basis of the law of this country and of the law of the British Empire, and has therefore a claim to the principal interest and attention of the Anglo-American lawyer, he cannot afford wholly to neglect the study of the civil law. Not only are the commercial relations with foreign countries increasing from year to year, but a considerable portion of the territory of the United States and its possessions and of the British Empire are governed wholly or in part by the doctrines of the civil law. One of the most fundamental ...


Common Law Pleading In Missouri—The Action Of General Assumpsit For Money Had And Received, Perry Post Taylor Jan 1919

Common Law Pleading In Missouri—The Action Of General Assumpsit For Money Had And Received, Perry Post Taylor

Washington University Law Review

No abstract provided.


Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland Jan 1919

Implied Condition Involving Impossibility Of Performance, Edson R. Sunderland

Articles

Early in 1914 the defendants contracted to sell to the plaintiffs a quantity of Finland birch timber. The practice was to send the timber direct by sea from Finnish ports. Before any timber was delivered the war broke out and the presence of German warships in the Baltic made the direct shipment by water impossible. The contract contained no war, force majeure or suspension provision. Held, that the contract was not dissolved, and the defendants were liable for damages for non-delivery of the timber. Blackburn Robbin Co., Lim. v. Allen & Sons, Lim. (1918) 87 L. J. K. B. 1085. The ...


Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler Jan 1919

Subsequent Impossibility As Affecting Contractual Obligations, Ralph W. Aigler

Articles

Where the law creates a duty or charge and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. * * * But where the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Paradine v. Jane, Aleyn, 26, a case not really involving a question of impossibility. Most discussions of the effect of subsequent impossibility of performance upon contractual obligations ...