Law Commons^™

Foreword: Survey Of South Carolina Law, David H. Means

South Carolina Law Review

No abstract provided.

Overlapping Coverages In Liability Contracts; Subrogation, John A. Appleman

Vanderbilt Law Review

Within the last twenty-five years, approximately, a considerable transition has taken place in approaching the coverages of automobile policies. At one time, liability insurers used to require their policy-holders to pledge that they did not carry other insurance of like character. It is difficult to understand why this situation ever arose. It may have been an outgrowth of fire coverages, or health and accident provisions, in which a moral hazard actually might exist where excessive protection is carried. Thereafter, instead of making this a matter of warranty, policies frequently provided that in the event there should be any other valid …

Pleading, Isadore S. Bernstein

South Carolina Law Review

No abstract provided.

Creditors' Rights And Security Transactions -- 1960 Tennessee Survey, Forrest W. Lacey

Vanderbilt Law Review

Two cases involving mechanic's liens were decided during the period under survey. Rowland v. Lowe' presented the question of the validity of a material men's lien against the owner of land subject to a contract of sale which required the purchaser to erect improvements on the land. In order to protect the vendor's lien, which was to be retained in the deed, the contract provided:

"The purchaser obligates himself to pay all sums for labor and materials in the construction of the improvements on said lot, and in no event shall there be any lien on the lot of ground …

Business Associations -- 1960 Tennessee Survey, Kenneth L. Roberts

Vanderbilt Law Review

Two opinions of the court of appeals during the survey period-one unpublished-discussed the fiduciary duties owing by officers and directors to their corporations. In Harriman Welding Supply Co. v. Lake City Lightweight Aggregate Corp.,' Presiding Judge McAmis of the eastern section found occasion to state the principles applicable when the fairness of contracts between two corporations having interlocking directorates is questioned.

Book Reviews, Willard L. Boyd, Robert Meisenholder, Robert H. Skilton, Charles Seligson, Allan F. Smith, Charles L. B. Lowndes, Elvin E. Overton, Julio Cueto-Rua, W. Paul Gormley, John J. Yeager, James A. Rahl, Carl H. Fulda

Journal of Legal Education

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases:

CONTRACTS--CONFLICT OF INTERESTS--GOVERNMENT EXPERT'S PRINCIPAL EMPLOYMENT INSUFFICIENT TO VOID CONTRACT ON GROUNDS OF PUBLIC POLICY

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CRIMINAL LAW-ATTEMPT-CONVICTION OF ATTEMPT TO RECEIVE PROPERTY NOT IN FACT STOLEN

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DOMESTIC RELATIONS-UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT--RELIEF FROM-EXTRADITION UPON PETITION OF THE OBLIGOR

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EVIDENCE-ADMISSIONS--GUILTY PLEA TO TRAFFIC LAW VIOLATION INADMISSIBLE IN SUBSEQUENT CIVIL SUIT

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FEDERAL JURISDICTION AND PROCEDURE--DIVERSITY JURISDICTION--ABSTENTION BY FEDERAL COURT FROM THE EXERCISE OF JURISDICTION IN DIVERSITY CASE

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LABOR LAW--LABOR--MANAGEMENT RELATIONS ACT-STATE COURT PRE-EMPTED FROM ENFORCING GRIEVANCE PROCEDURES OF COLLECTIVE BARGAINING AGREEMENT

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PROFESSION OF LAW--BAR ASSOCIATION MAY NOT DISCIPLINE AN ATTORNEY FOR CONDUCT AS …

An Analytical Discussion Of The Promise Of Sale And Related Subjects, Including Earnest Money, J. Denson Smith

Louisiana Law Review

No abstract provided.

Contracts, Robert C. Bensing

Case Western Reserve Law Review

No abstract provided.

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.

Contracts -- 1959 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

The distinction between an implied contract (implied in fact) and a quasi contract (implied in law) was presented in a somewhat unusual fashion in the federal case of Holbert v. United States decided by the District Court for the Eastern District of Tennessee. Whether or not a federal district court had jurisdiction over plaintiff's case turned on whether the claim was based on implied contract or on quasi contract.

One of the grounds on which the Tucker Act confers jurisdiction on federal district courts to entertain actions against the United States is where the claim is based "upon any express …

Book Reviews, Alan R. Bromberg, Albert A. Ehrenzweig, R. W. Fleming, William E. Hogan, David A. Bookstaver, Andrew V. Clements

Journal of Legal Education

No abstract provided.

Book Reviews, Robert B. Looper, Ralph Slovenko

Vanderbilt Law Review

Cases and Materials on Restitution By John W. Wade Brooklyn: The Foundation Press, Inc., 1958. Pp. xxxi, 903. $11.00.

reviewer: Robert B. Looper

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Equal Justice for the Accused By a Special Committee of The Association of the Bar of the City of New York and The National Legal Aid Association New York: Doubleday & Co., 1959. Pp. 144. $3.50.

reviewer: Ralph Slovenko

Enforceability Of Covenants Not To Compete Containing Unreasonable Indivisible Restrictions As To Geographical Area, Harvey G. Sanders Jr.

South Carolina Law Review

No abstract provided.

Contracts, Bills And Notes, And Sales, C. T. Wyche

South Carolina Law Review

No abstract provided.

Oral Modification And Rescission Of Contracts Required By The Statute Of Frauds To Be In Writing, Robert B. Wallace

South Carolina Law Review

No abstract provided.

Judicial Enforcement Of Labor Contracts And Employment Rights Under Pennsylvania Law, I. Herman Stern

Villanova Law Review (1956 - )

No abstract provided.

Foreword: Damages In Contract, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Contracts Bills And Notes And Sales, C. Thomas Wyche

South Carolina Law Review

No abstract provided.

Pleading, Isadore S. Bernstein

South Carolina Law Review

No abstract provided.

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.

Recent Decisions, Various Editors

Villanova Law Review (1956 - )

No abstract provided.

The Suretyship Statute Of Frauds, John D. Calamari

Fordham Law Review

No abstract provided.

Inventors And Their Relations With Others, Howard I. Forman

Villanova Law Review (1956 - )

No abstract provided.

Municipal Conflicts Of Interest: Rights And Remedies Under An Invalid Contract, Richard B. Lillich

Fordham Law Review

No abstract provided.

A Symposium On The Fair Trade Laws: Part Ii: Definitions And Related Problems

Fordham Law Review

No abstract provided.

Contracts, Bills And Notes, And Sales, C. T. Wyche

South Carolina Law Review

No abstract provided.

Contracts Between A Director And His Corporation, T. E. P.

West Virginia Law Review

The law generally recognizes that a director or officer of a corporation occupies a fiduciary relationship to the corporation. This relationship has been described as analogous to that of an agent to his principal or a trustee to his beneficiary.1 Therefore it is logical that a director cannot deal with his corporation like a stranger at arm's length, but is bound by the rules of fairness and good faith which the courts have imposed on fiduciaries for the protection of those whose interests are confided to their care. The courts are greatly divided as to what rules or standards of …

Preparation And Presentation Of An Arbitration Case, Joseph S. Murphy

Vanderbilt Law Review

This article deals primarily with the preparation and presentation of a case in labor arbitration. However, much of what is said here is equally applicable to the preparation and presentation of a commercial case. It is clear that the comments with regard to documents, witnesses, orderly presentation, and the like are basically the same whether one is arguing that a construction contract has been breached and that the fault lies with the contractor who was guilty of delayed construction, or whether one is defending against a charge of vio- lation of an overtime clause dealing with equal distribution. In each …

Washington Timber Deeds And Contracts, Ralph W. Johnson

Articles

The law of Washington concerning the interests conveyed by timber deeds and contracts is foggy. Many vital questions are still totally unanswered, or have been left in confusion, by the cases in point. The principal area of doubt revolves around the question of whether standing timber, which has been sold separately from the land on which it stands, is realty or personalty. The answer is vital for many reasons. It determines whether a husband has power as manager of the community to convey community-owned timber without his wife's signature, which statute of frauds applies to a timber transaction, which recording …