Law Commons^™

Sales - Credit Sales - Application Of Usury Statute, Jerome S. Traum S.Ed.

Michigan Law Review

Plaintiff bought a tractor from defendant's agent for $2950 and received a trade-in allowance of $1180, leaving an unpaid balance of $1770. Defendant's agent agreed to arrange for a loan from defendant for the balance of the purchase price, without stating a time price for the tractor different from the cash price previously discussed. The loan was made, and plaintiff signed a note and chattel mortgage in the amount of $2161.84, payable in two annual installments. The $391.84 excess over the balance due exceeded the maximum legal rate of interest allowed by Nebraska's Installment Loan Act. Plaintiff later sued in …

Contracts--Acceptance By Telephone--Place Of Contract, T. J. W.

West Virginia Law Review

No abstract provided.

Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.

Michigan Law Review

In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …

Restitution - Availabilty As An Alternative Remedy Where Plaintiff Has Fully Performed A Contract To Provide Goods Or Services, Jerome K. Walsh Jr.

Michigan Law Review

It is hornbook law that restitution is sometimes available as an alternative remedy to a party who has suffered a breach of contract after having conferred a benefit on the defaulting party. It is equally clear, however, that in many cases where a benefit has been conferred, the plaintiff may not elect to sue for the value of his performance but is left to his action for damages on the contract. The cases which are concerned with one or the other of the above rules constitute a large portion of the area of the law called Restitution, and no attempt …

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox

Michigan Law Review

One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …

Guerrieri V. Severini, Jesse W. Carter

Jesse Carter Opinions

Where seller repudiated a contract for goods, buyer had the right to treat the declaration as a wrongful renunciation of the contract and obtain similar goods to fulfill the obligation, then seek damages from the seller for the increased cost.

Contracts—Reformation Available Where Fraud In Inducement Prevents Incorporation Of All Terms Of Agreement In Written Contract, Buffalo Law Review

Buffalo Law Review

Brandwein v. Provident Mutual Life Insurance Company, 3 N.Y.2d 491, 168 N.Y.S.2d 964 (1957).

Contracts—Suit Against Stockholder By Creditor Of Corporation—Per Curiam, Buffalo Law Review

Buffalo Law Review

Tomaso, Feltner and Lane, Inc. v. Brown, 4 N.Y.2d 391, 175 N.Y.S.2d 73 (1958).

Contracts—Suit For Real Estate Commissions Under Expired Contracts, Buffalo Law Review

Buffalo Law Review

Douglas Real Estate Management Corp. v. Montgomery Ward & Co., 4 N.Y.2d 33, 171 N.Y.S.2d 852 (1958).

Contracts—Contracts In Restraint Of Trade—Per Curiam, Buffalo Law Review

Buffalo Law Review

Paramount Pad Co. v. Baumrind , 4 N.Y.2d 393, 175 N.Y.S.2d 809 (1958).

Contracts -- 1958 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

During the period covered by this survey article, there have not been many cases in the field of contracts. In two of the cases the only question before the court was the sufficiency of the evidence, and in both of these cases the Tennessee Court of Appeals found that there was sufficient evidence to sustain the lower court, without going into an analysis of the evidence. Thus, there is no comment that can properly be made concerning those cases. There were two other cases, however, upon which some comment can properly be made.

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Contracts-Third Party Beneficiary-Right of County to …

Contracts, Allan D. Loucks

Washington Law Review

Covers cases on insurance contracts—breach by anticipatory repudiation and on third-party beneficiary contracts.

Jeremy Bentham, The Contract Clause And Justice John Archibald Campbell, John R. Schmidhauser

Vanderbilt Law Review

Conflicts between the desire to meet the felt needs of society and the desire to maintain existing property rights have long perplexed modern governments. The methods adopted for the resolution of such conflicts quite naturally reflect the prevailing social and political ideology in each nation. In the United States in the period of the Philadelphia Convention, the prevailing temper, at least among the influential, was one of insistence upon the preservation of the sanctity of private property. This insistence and the widespread public reverence for law and judicial institutions determined that state interference with or modification of private contracts be …

Taxation - Federal Income Tax - Proceeds From Cancellation Of Contract Treated As Ordinary Income, Jerome B. Libin S.Ed.

Michigan Law Review

Taxpayer had the exclusive right for a period of ten years to purchase all the coal mined by the operator of certain mines. In 1949 the operator paid taxpayer $500,000 as consideration for the complete acquisition of taxpayer's right and interest in the purchase agreement. Taxpayer reported this sum as a long-term capital gain. The Commissioner claimed that the amount received was ordinary income. The Tax Court upheld taxpayer's contention, indicating that the transaction had resulted in the sale or exchange of a capital asset. On appeal by the Commissioner, held, reversed, one justice dissenting. This transaction was more …

Bills And Notes - Indorsements - Effect Of Contemporaneous Agreement On The Indorsement Contract, W. Stanley Walch

Michigan Law Review

Plaintiff, payee of a promissory note, indorsed and negotiated the note to the defendant bank. Attached to the note was a separate agreement of assignment and warranty in which the plaintiff assigned the note and a conditional sales contract to defendant, and further agreed to repurchase the note if any of the warranties in the contemporaneous agreement were breached. The maker of the note defaulted and defendant, after due presentment and notice, debited plaintiff's account for the face amount of the note. Plaintiff brought suit to recover the money from defendant on the theory that the contemporaneous agreement had qualified …

The Effect Of Forced Share Statutes On Inter Vivos Conveyances Of Personalty

Indiana Law Journal

No abstract provided.

Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall

Michigan Law Review

Plaintiff's infant daughter, admitted to Newark City Hospital as an emergency case, received hospitalization and medical treatment worth $1,190 during her seventy-day period of confinement. The medical director of the hospital had made an agreement with the Hospital Service Plan of New Jersey which provided that regardless of the amount or quality of the hospitalization required, payment of the flat sum of $100 for any subscriber-patient would constitute payment in full to the city. The city accepted the $100 check paid by the Plan as billed by the hospital for the care of the child. In order to facilitate settlement …

Contracts - Offer And Acceptance - Newspaper Advertisement As Offer To Sell, Theodore G. Koerner

Michigan Law Review

Defendant store published two newspaper advertisements offering for sale on successive Saturdays limited numbers of fur pieces for one dollar, "first come, first served." The initial advertisement offered three new fur coats "worth to $100"; the second, inter alia, one black lapin stole "worth $139.50." Plaintiff was the first person to appear at the appropriate counter on both days, but defendant each time refused to sell him the advertised furs, asserting a "house rule" that such offers could be accepted only by women. Plaintiff sued for contract damages. As to the offer of the coats "worth to $100," the trial …

Oil And Gas - Construction Of Lease-Dry Hole And Cessation Of Production Clause, James L. Burton

Michigan Law Review

Newman Brothers Drilling Company obtained an oil and gas lease on land subject to a prior lease held by Stanolind Oil and Gas Company and under which a well commenced within the primary term had been completed as a dry hole after the expiration of the primary term. Forty-nine days after completion of the dry hole Stanolind commenced and completed a second well as a producer. Upon suit by Newman in trespass to try title and for declaratory judgment the court of civil appeals, reversing the trial court, held that the lease under which Stanolind claimed had terminated with the …

Return Of Benefits As Prerequisite To Contract Rescission

Washington and Lee Law Review

No abstract provided.

Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall

Michigan Law Review

The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …

West Covina Enterprises, Inc. V. Chalmers [Dissent], Jesse W. Carter

Jesse Carter Opinions

An architect was entitled to repudiate a contract to render services in connection with the hospital corporation's construction of an addition because California law required that architects who provided plans for hospitals be licensed by the state.

Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.

Michigan Law Review

Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …

Williston: A Treatise On The Law Of Contracts, Collins J. Seitz

Michigan Law Review

A Review of A Treatise on the Law of Contracts. By Samuel Williston.

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Contracts To Make Wills, By Bertel M. Sparks, William W. Oliver

Indiana Law Journal

No abstract provided.

Inventors And Their Relations With Others, Howard I. Forman

Villanova Law Review

No abstract provided.

Recent Decisions, Various Editors

Villanova Law Review

No abstract provided.

Avoidance Of Personal Injury Release For Mutual Mistake Of Fact, Gerald Carlisle

Cleveland State Law Review

The instrument termed a release is a contract that clearly portrays a meeting of the minds. It explicitly states a release from liability for known, unknown, present, and future injuries. In attempting to avoid such a release the party ordinarily may allege the grounds he may have under the law of contracts. In personal injury releases, these grounds usually take the form of charges of fraud or misrepresentation, coercion, inequitable circumstances, mutual mistake of law, unilateral mistake of fact, inadequate consideration, or mutual mistake of fact. We shall deal here with the defense of mutual mistake.

Contracts For Religious Education Of Children, Jack F. Smith

Cleveland State Law Review

The courts of the United States almost uniformly hold that the parent having custody of a child or children can select the religious faith to be taught to the child or children, even though they may have previously promised to rear the child or children in a particular faith.