Commercial Law Commons^™

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson

Michigan Law Review

Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.

Carriers Distinction Between Common Carriers And Contract Carriers, Marcus L. Plant

Michigan Law Review

In the recent case of Ace-High Dresses, Inc. v. J.C. Trucking Co., the defendant was a corporation organized for the purpose of doing a general trucking business. At the time of the suit it was operating under separate contracts with five dressmaking establishments, one of which was the plaintiff. Under these contracts the defendant trucked dress goods every day except Sunday. The goods were taken on in New York, carried to New Haven, Hartford or Bridgeport, left there until processed, and then taken back to New York. The defendant's drivers had keys to the factories of the processors, entered …

The Effect Of The Contract Clause And The Fourteenth Amendment Upon The Power Of The States To Control Municipal Corporations, E. B. Schulz

Michigan Law Review

Although the power to establish systems of local government is reserved to the states under the Federal Constitution, they are obliged to exercise it in conformity with the limitations, direct or indirect, by which their powers in general are circumscribed. Since a state lacks authority to delegate powers which it does not possess, it may not confer upon municipal corporations, to cite but a few examples, the power to pass ex post facto laws and bills of attainder, to coin money, to emit bills of credit, to regulate foreign and interstate commerce, or to levy taxes for strictly private purposes. …

Open Sales And Open Price Contracts

West Virginia Law Review

No abstract provided.

Levy Of Attachment And Execution On Buyer's Interest Under Conditional Sales Contract

West Virginia Law Review

No abstract provided.

Damages-Liquidated Damages-Penalty

Indiana Law Journal

No abstract provided.

Conditional Sales -Tort Liability Of Vendor For Recaption Of Property Conditionally Sold

Michigan Law Review

Defendant transferred a piano to plaintiff under a conditional sales contract retaining the right in case of any default in payment "to peacefully or forcibly, and without process of law, enter the premises where said property is . . . and to take . . . possession thereof." Plaintiff de-faulted in payment. Employees of defendant, entering the house of plaintiff in his absence and without notice, removed the piano. Held, plaintiff may not recover for a conversion, but may recover for a breaking and entering whether defendant's agents broke into the house with actual force, or mere technical force, …

Sales - Section 14, Uniform Conditional Sales Act - Removal To Other State Without Refiling

Michigan Law Review

The plaintiff, vendor in a conditional sale contract, received notice of the removal of the goods by the vendee to another State, but failed to refile the contract in the other State as required by its statute. A creditor of the vendee attached the goods without notice of the conditional sale contract, but was given actual notice of it by the plaintiff during the prescribed filing period. In this action, the plaintiff sought to recover the goods from the attaching creditor. Held, the conditional sale contract was void as to the creditor in the absence of a refiling, notwithstanding …

Legal Problems In National Merchandising, Richard Ford

Michigan Law Review

An interstate sales organization encounters an infinite number of problems of legal tactics, some of which recur with great frequency, and are more or less common to every industry. For discussion in this paper the writer has selected a few such problems, chiefly from the electric refrigeration business; these are presented in the belief that they are typical of many lines of national merchandising.

A Valuable Handbook, John B. Waite

Michigan Law Review

A review of VOLD ON SALES. (Hornback Series) By Lawrence Vold.

The Liability For Taxes And Assessments Between Vendor And Purchaser

Michigan Law Review

This note is concerned with the rights and duties, inter se, of vendor and purchaser with respect to the burden of taxation. The problem presents itself in the simplest form when it arises in a suit for specific performance, the question being whether the contract obligated vendor to remove the lien of certain taxes (or allow the purchaser a credit against the purchase price), or, on the other hand, obligated purchaser to pay the whole price for the encumbered land (or pay vendor, in addition to purchase price, the amount of tax previously paid by the latter). The question …

Vendor And Purchaser-Vendee's Lien-Failure Of Title

Michigan Law Review

The vendee of a contract for the sale of land discovered that there was great doubt as to whether the buildings were within the bounds described in the contract and whether there were encroachments. Alleging that these defects could not be corrected, he brought a bill in equity seeking cancellation of the contract and praying for a lien upon the lands for the money paid and the expenses incurred. The vendor counter-claimed for specific performance. Held, where the purchaser properly invokes the jurisdiction of the court and where it would be inequitable to compel specific performance, so far as …

Sales - Warranty - Theory Of Implied Assignment

Michigan Law Review

In the recent case of Wood v. Advance Rumely Thresher Co., the following relevant facts appeared: the plaintiff signed an order for a tractor, knowing that the defendant's agent, who solicited the order, had no power to make a binding contract, and knowing, from the face of the order, that there would be no contract till it was accepted at the defendant's home office. The agent's employment was terminated before he sent the order in, so he turned it over to another dealer. The latter did not forward the order to the defendant, but wrote a new one, signed …

Sales-Conditional-Resale By Seller

Michigan Law Review

Plaintiff bought a truck under a conditional sales contract. Defendant, as assignee of the vendor, retook possession of the truck when plaintiff defaulted in his payments and undertook by sale of the truck to foreclose plaintiff's rights therein. The Uniform Conditional Sales Act, in force in the jurisdiction, provided for a compulsory resale at public auction by the retaking seller. He was required to give notice of the sale by registered letter to the buyer, by newspaper advertisement, and by three notices posted in public places. Defendant failed to post the three notices. Plaintiff then brought suit for conversion and …

Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff

Michigan Law Review

The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …

Corporations-Stock Conversion-Obligation Of Interstate Carrier

Michigan Law Review

Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …

Conditional Sales Contract-Vendor's Election Of Remedies Where Breach Occurs

Indiana Law Journal

No abstract provided.

Negotiability Of Judgment Notes, James M. Ogden

Indiana Law Journal

No abstract provided.

Ninety-Nine Year Leases And Fortunes Made Thereon, By Charles A. Pryor, Paul L. Sayre

Indiana Law Journal

No abstract provided.

Tender Of Less Sum In Full Payment Of Liquidated Or Undisputed Claims, C. Severin Buschmann

Indiana Law Journal

No abstract provided.

Passenger Tickets As Contracts, Edwin C. Goddard

Michigan Law Review

The most important right of the common carrier of passengers is his right to compensation. He carries for hire. This compensation he ordinarily collects by selling to the prospective passenger a ticket. Of these tickets there are many varieties, from the simple rectangular bit of cardboard, with the printed statement that it is good for one ride from X to Y, to the long coupon ticket, with elaborate provisions in fine print, providing for the passenger knows not what. What is the legal character of this ticket?

Conditional Sale Contracts In Indiana, Ollie C. Reeves

Indiana Law Journal

No abstract provided.

Resale Price Fixing From A Different Angle

Michigan Law Review

The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

No abstract provided.

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. …

Code Civil Suisse Y Compris Le Code Fédéral Des Obligations, Virgile Rossel

Civil Codes (1800-1923)

Édition annotée renfermant en outre les complémentaires (loi féd. du 25 Juin 1891, conventions internationales, ordonnances et arrêtés des autorités fédérales, etc.), ainsi que des notes explicatives, de la jurisprudence, la conférence des articles, des renvois aux textes correspondants des Codes français et allemands, aux messages du Conseil fédéral, a l"Expose des motifs et au Bulletin sténographique des Chambres fédérales, etc.

3a. édition, revue et considérablement augmentée.

Forms Of Anglo Saxon Contracts And Their Sanctions, Robert L. Henry Jr

Michigan Law Review

Including (a) Warranty of Title, and (b) Warranty of Quality. Perhaps the most primitive commercial transaction affecting legal rights was the executed barter; in a more 'advanced state when money had been introduced, the executed sale.

Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter

Michigan Law Review

Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school

Recovery Of The Purchase Price Before Title Has Passed, John B. Waite

Articles

In an action recently instituted by The General Electric Co. to recover on a contract to manufacture certain machinery for the defendant, which machinery the defendant had refused to accept, the trial court adopted the contract price as the measure of damages. The upper court approved this measure of damages, rejecting the argument that the measure should have been the difference between the market value and the contract price, and dismissed, as no longer appropriate to modern conditions, the decisions in Bement v. Smith, 15 Wend. (N. Y.) 493, and Shawhan v. Van Nest. 25 Oh. St. 490. The court …

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.