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Full-Text Articles in Law

The Liability Of Public Corporations In England And America, Stanley D. Rose Dec 1948

The Liability Of Public Corporations In England And America, Stanley D. Rose

Vanderbilt Law Review

The public corporation is a common device to carry on governmental activities in the British Commonwealth, Europe and the United States.' It has been the uniformly favored instrument of nationalization policies. The reason for the use of such a public body is "unquestionably due to the realization that it offers the most convenient though by no means the only method for a successful application in public enterprise of principles of business efficiency developed in the private field." The necessarily extensive dealings of private citizens with such corporations force the courts to face promptly the problem of the legal status of …


Governmental Tort Liability In Indiana Jul 1948

Governmental Tort Liability In Indiana

Indiana Law Journal

No abstract provided.


Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed. Jun 1948

Appeal And Error-Right Of Defendant To New Trial Where Plaintiff Is Entitled To All Or None And Verdict Is Intermediate, Bruce L. Moore S.Ed.

Michigan Law Review

In an action on an express contrast, plaintiff sued for $1750, representing the agreed 5 per cent commission on the sale of real estate. Defendant denied the validity of the contract, and there was no issue as to the amount of liability if liability existed. The instruction to the jury was that plaintiff was entitled to 5 per cent commission if entitled to recover. The jury returned a verdict for $875, half the amount claimed. Defendant's motion for a new trial was denied. Held, although the verdict was unauthorized as to plaintiff, there was no error as to defendant …


Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed. Jun 1948

Federal Courts--Third-Party "Practice--Some Jurisdictional Problems Arising Under The Amended Federal Rules Of Civil Procedure, Effective March 19, 1948, Chester Lloyd Jones S.Ed.

Michigan Law Review

Third-party practice as originally adopted by the Federal Rules of Civil Procedure was one of the bolder steps in the direction of integrated and complete litigation of all phases of a transaction. One of the principal problems that was forseen by the commentators and that has in fact developed in the cases is the jurisdictional limitation of the federal courts where no federal question is involved, and jurisdiction depends on diversity of citizenship or alienage. Rule 82 is explicit in stating that the Rules should be interpreted so as not to extend or limit the jurisdiction of the district courts. …


Contracts-Broker's Listing Agreement-Effect Of Lease Of Property By Owner, C. E. Becraft Jun 1948

Contracts-Broker's Listing Agreement-Effect Of Lease Of Property By Owner, C. E. Becraft

Michigan Law Review

Plaintiff, a broker, procured from defendant a listing agreement for the sale of defendant's property. Plaintiff produced a purchaser, ready, willing, and able to purchase the property, but defendant refused to convey inasmuch as he had leased the property after giving the listing agreement. The lessee refused to cancel the lease for less than $3,000. Plaintiff brought an action to recover his commission and defendant disclaimed liability as the execution of the lease was known to plaintiff and to the prospective purchaser before the offer to purchase was made. Held, defendant could not alter the plaintiff's rights by placing …


Torts--Liability In Kentucky For Personal Injury To An Unforeseen Plaintiff Resulting From A Negligent Injury To Property Of Another, George Muehlenkamp Jan 1948

Torts--Liability In Kentucky For Personal Injury To An Unforeseen Plaintiff Resulting From A Negligent Injury To Property Of Another, George Muehlenkamp

Kentucky Law Journal

No abstract provided.