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Full-Text Articles in Law

Contractual Control Over Adjective Law, Nathan Isaacs Nov 1922

Contractual Control Over Adjective Law, Nathan Isaacs

West Virginia Law Review

Adjective law, it is generally assumed, is a matter for the courts. The only reference to any attempt to control questions of practice and procedure contained in the ordinary treatises on contract law comes under the general proposition that it is against public policy and therefore beyond the power of contracting parties to interfere with the ordinary course of justice. To this proposition there are, of course, exceptions. But the authors generally do not feel called upon systematically to present these exceptions so as to inform the draftsman of a contract just exactly what, if anything, can be done towards ...


Ultra Vires Transactions, James L. Parks Oct 1922

Ultra Vires Transactions, James L. Parks

University of Missouri Bulletin Law Series

It used to be commonly said that if a private corporation made a contract which the legislature, creating it, expressly or impliedly prohibited it to make, all courts would be bound to treat such agreement as "illegal and therefore wholly void." This statement probably accurately expresses the orthodox attitude of courts with respect to ultra vires contracts. In some cases the same proposition, stands today, but often it has been unsatisfactory in its application, and for this reason has been relaxed in many instances to a considerable degree. The problem of giving relief upon or enforcing ultra vires agreements of ...


Recent Important Decisions, Michigan Law Review Jun 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

No abstract provided.


Some Greek Legal Papyri From The Michigan Collection, A Er Boak Jun 1922

Some Greek Legal Papyri From The Michigan Collection, A Er Boak

Michigan Law Review

The documents which form the subject of this paper are part of the Michigan Collection of Papyri recently acquired by Professor F. W. Kelsey in Egypt and secured for the University by the generosity of the Regents and certain friends and alumni, among the latter Mr. J. W. Anderson, of the Law Class of 189o. A large proportion of these documents are of a legal nature, and from these I have selected for translation four, which may be regarded as typical specimens of their respective classes.


Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates Jun 1922

Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates

Michigan Law Review

History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.


Contracts For Benefit Of Third Parties--Right Of Beneficiary To Sue In West Virginia, M. T. V. Jun 1922

Contracts For Benefit Of Third Parties--Right Of Beneficiary To Sue In West Virginia, M. T. V.

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 ...


Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris Apr 1922

Note And Comment, Edgar N. Durfee, Cyril E. Bailey, Edwin B. Stason, William C. O'Keefe, Clyde Y. Morris

Michigan Law Review

The Basis of Relief from Penalties and Forfeitures - The equitable principle of relief from penalties and forfeitures is so far elementary as almost to defy analysis. Many, perhaps most, of the judicial explanations of the principle have based it upon interpretation or construction, appealing to the doctrine that equity regards intent rather than form. Yet a logical application of this doctrine would lead to results very different from those which have actually been arrived at in the decisions. Thus, a stipulation in a mortgage that the mortgagor waives his equity of redemption can hardly be interpreted as meaning that he ...


Recent Important Decisions, Michigan Law Review Apr 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. (N ...


Recent Important Decisions, Michigan Law Review Mar 1922

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side ...


Law Relating To Contracts Of Crop Advancement, Cane Planting And Cane Grinding, Cuba Jan 1922

Law Relating To Contracts Of Crop Advancement, Cane Planting And Cane Grinding, Cuba

Cuban Law

Habana Clearing House (Translation)


Review Of Cases On Contracts, By G. P. Costigan, Ralph W. Aigler Jan 1922

Review Of Cases On Contracts, By G. P. Costigan, Ralph W. Aigler

Reviews

Professor Aigler notes that other works on the subject have appeared in the past year, such as a collection of cases on contracts in the American Casebook Series by Professor Corbin and the new edition of Williston's Cases on Contracts. He feels that law teachers may be particularly interested in the notes, which "... are copious, are very interesting, and valuable." His verdict: "How well Professor Costigan's book will work out as the basis of instruction only actual use can tell. A careful examination of the book, however, has satisfied the reviewer that it would be interesting to try ...


Contract—Certainty In Contract—Subsequent Parol Agreement Not Binding—When Jan 1922

Contract—Certainty In Contract—Subsequent Parol Agreement Not Binding—When

Washington University Law Review

No abstract provided.


Recoupment--Set-Off-And Counterclaim, C. R. S. Jan 1922

Recoupment--Set-Off-And Counterclaim, C. R. S.

West Virginia Law Review

No abstract provided.


Privity Of Contract And Tort Liability, Herbert F. Goodrich Jan 1922

Privity Of Contract And Tort Liability, Herbert F. Goodrich

Articles

Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?


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 ...


The Business Situs Of Credits, Thomas Reed Powell Jan 1922

The Business Situs Of Credits, Thomas Reed Powell

West Virginia Law Review

No abstract provided.