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Full-Text Articles in Law

The Spirit Of The Common Law, Thomas Porter Hardman Jun 1922

The Spirit Of The Common Law, Thomas Porter Hardman

West Virginia Law Review

No abstract provided.


Recent Important Decisions, Michigan Law Review May 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either in ...


Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin May 1922

Book Reviews, Edwin W. Patterson, Edson R. Sunderland, C E. Griffin

Michigan Law Review

The title of this brilliant little volume might, more accurately, have been, "The Spirits of the Common Law," for it depicts the common law as the battleground of many conflicting spirits, from which a few relatively permanent ideas and ideals have emerged triumphant. As a whole, the book is a pluralistic-idealistic interpretation of legal history. Idealistic, because Dean Pound finds that the fundamentals of the 'common law have been shaped by ideas and ideals rather than by economic determinism or class struggle; he definitely rejects a purely economic interpretation of legal history, although he demands a sociological one (pp. io-ii ...


Release Of One Joint Tort Feasor—Common Law Rule—Effect Of Missouri Statute Jan 1922

Release Of One Joint Tort Feasor—Common Law Rule—Effect Of Missouri Statute

Washington University Law Review

No abstract provided.


Mutuality In Specific Performance, Edgar N. Durfee Jan 1922

Mutuality In Specific Performance, Edgar N. Durfee

Articles

Prior to the present century, the subject of mutuality in specific performance was an unsolved puzzle. The decisions of the courts were in the main wise, but the attempts both of courts and text writers to formulate a statement of the principle governing these decisions were far from happy. After two centuries of litigation and discussion, the current formula was that the remedy must be mutual, must be equally available to both parties. The worst fault of this formula was its plausibility. Equality is equity, and perfect equality between the parties to a contract is not attained unless remedies are ...