Commercial Law Commons^™

Forfeiture Clauses In Land Installment Contracts: Time For Equitable Foreclosure, Donna R. Roper

Seattle University Law Review

This Comment will trace the history of the Washington courts' decision to deny foreclosure by judicial sale in land installment contracts with forfeiture clauses and will demonstrate the viability and preferability of foreclosure by judicial sale as an equitable remedy for a defaulting buyer. The Comment will also describe how other states, either legislatively or judicially, have resolved the inequity of forfeitures.

Judicial Lien Priorities Under Article 9 Of The Uniform Commercial Code: Part Ii - Creditor Representatives, Bank Receivers, Fixtures, Crops, And Accessions, David G. Carlson, Paul M. Shupack

Cardozo Law Review

No abstract provided.

Article One Of The Uniform Land Transactions Act: Is Inconsistency With The U.C.C. An Unnecessary Obstacle?, Ronald B. Brown

Faculty Scholarship

No abstract provided.

Mortgage Law Today, 13 J. Marshall L. Rev. 251 (1980), Robert Kratovil

UIC Law Review

No abstract provided.

The Diminishing Difference Between Selling And Leasing Tangible Personal Property, Richard Marshall Abrams

Villanova Law Review (1956 - )

No abstract provided.

Landlord-Tenant: The Medieval Concepts Of Feudal Property Law Are Alive And Well In Leases Of Commercial Property In Illinois, 10 J. Marshall J. Of Prac. & Proc. 338 (1977), Kenneth J. Sophie Jr.

UIC Law Review

No abstract provided.

Creditors' Remedies: Does The State Help Those Who Help Themselves, Robert G. Edinger

Villanova Law Review (1956 - )

No abstract provided.

Commercial Transactions: The Future Of Self-Help Repossession, 8 J. Marshall J. Prac. & Proc. 96 (1974), Dixie L. Laswell

UIC Law Review

No abstract provided.

Housing--Mobile Homes--Some Legal Questions, Mark Summers, Frederick D. Fahrenz, David C. Shepler

West Virginia Law Review

Because of the increasing use of the mobile home as a form of housing, practitioners will be handling an ever-increasing number of cases dealing with the problems of the mobile home resident. The four major areas of investigation of mobile home law dealt with here are taxation, zoning, warranties, and fixtures. The purpose of the article is not to reveal any particular deficiencies in West Virginia's mobile home law, but rather to investigate and synthesize the law in a comprehensive review. While there are certain areas where the need for reform has been suggested, compiling the law as a research …

Organizing A Limited Partnership To Achieve Real Estate Investment Objectives In Indiana, Cym H. Lowell

Indiana Law Journal

No abstract provided.

The Demise Of Property Law, E. F. Roberts

Cornell Law Faculty Publications

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Corporations--Equity--Specific Performance of Stock Option Granted Because of Tax Advantage Feature of Option

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Property--Landlord-Tenant--Rabbinical Court Establishes Far-Reaching Standard of Landlords' Obligations to Tenants

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Taxation--Federal Estate Taxation--Under Treasury Regulation Section 20.2031-8(b), Value of Shares in Mutual Funds Is Public Offering Price on Date of Death Rather Than Redemption Price

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Taxation--Mineral Rights--Carried Interest Loses Deduction for Depletion, Depreciation, and Intangible Drilling Costs During Recoupment

Current Developments Under Ucc - Article 9, Roy L. Steinheimer, Jr.

Legal Scholarship by Dean Steinheimer

No abstract provided.

Gilmore: Security Interests In Personal Property, Jerry P. Belknap

Michigan Law Review

A Review of Security Interests in Personal Property 2 vols. By Grant Gilmore

Security Interests In Personal Property, Douglass Boshkoff

Indiana Law Journal

No abstract provided.

The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins

Michigan Law Review

A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …

Commercial Transactions And Personal Property--1963 Tennessee Survey, John A. Spanogle, Jr.

Vanderbilt Law Review

Obviously, the biggest event in the Tennessee law of commercial transactions this year was the enactment of the Uniform Commercial Code [hereinafter referred to as the U.C.C.]. That statute became effective in this state on July 1, 1964. Its effect on the prior Tennessee law is discussed in great detail elsewhere in this issue,' and need not be re-examined here. It should also be pointed out that the enactment of the U.C.C.required some modifications in the criminal statutes relating to security agreements. In particular, executing a second security agreement covering personalty, without disclosing a prior security agreement covering the same …

Uniform Commercial Code Article 9 Filing Procedures For Railroad, Utility, And Other Corporate Debtors: Some Suggestions, Daniel R. Elliott Jr.

Michigan Law Review

After a brief discussion of the provisions of Article 9 peculiarly applicable to the long-term mortgage, a portion of this comment will review the relevant statutes and case authority in force prior to the effective date of the Code in various states and still applicable in others. More specifically, it will examine the special treatment accorded certain types of corporate indentures, particularly those securing the debt of railroads and other public utilities. Second, an attempt will be made to explain the probable solutions to the problems raised by the filing requirements of Article 9 as promulgated in each jurisdiction and …

The Uniform Commercial Code And Real Estate Law: Problems For Both The Real Estate Lawyer And The Chattel Security Lawyer, Peter F. Coogan, Albert L. Clovis

Indiana Law Journal

No abstract provided.

Commercial Transactions And Personal Property -- 1962 Tennessee Survey, John A. Spanoale

Vanderbilt Law Review

The Code, and its repealer provisions, will not become effective in Tennessee until June 30, 1964. This delay gives the practicing attorney fifteen months to become familiar with its provisions. This amount of time will be needed for such education, for the Code is a very large and detailed piece of legislation, and little has been written comparing the present Tennessee law to the Code. It is not the purpose of this article to attempt to summarize the effect of the provisions of this legislation on the present Tennessee law, but only to give notice that it has been enacted …

Mechanics Liens In Indiana-The Extent Of The Property And Property Interests Subject To The Lien

Indiana Law Journal

No abstract provided.

State And Local Taxation -- 1960 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

A congressional statute that became law on September 14, 1959,severely curtails the power of all state and local governments to impose net income taxes. This statute was the aftermath of the Northwestern-Stockham decision, and a series of cases soon to follow, by the United States Supreme Court, which held that neither the due process nor the commerce clause bars the way to a nondiscriminatory, properly apportioned state tax levied directly on net income derived exclusively from interstate commerce. These decisions by the Supreme Court caused such a furor in the business world that demands were soon made on Congress for …

Eminent Domain--Covenant By Grantee To Sell Only Products Of Grantor Is Covenant Running With Land For Which Grantor's Successor Due Compensation, John T. Bondurant

Kentucky Law Journal

No abstract provided.

Bills And Notes - Holder In Due Course - Notice Of Infirmity In Instrument To Finance Company Closely Connected To Dealer, William G. Cloon, Jr. S.Ed.

Michigan Law Review

The defendant purchased a car from a dealer who represented it to be a new demonstrator. In fact, the car was a used one. The defendant executed a negotiable note for the balance of the purchase price and a chattel mortgage on forms which were furnished the dealer by the plaintiff finance company. The dealer handled the paper, but the plaintiff was to finance the sale and the note was payable at the office of the plaintiff. Both the bill of sale and the chattel mortgage described the car as a new demonstrator. The note was indorsed in blank by …

Noise Nuisances: Commercial Enterprises V. Owners Of Residential Property, G. H. Kemker

Vanderbilt Law Review

The problems of the reciprocal use and enjoyment of property by adjacent landowners have become increasingly pronounced in our time of intense urbanization. Salient has been the problem of noise nuisances which frequently result when adjacent property is devoted to the inconsistent uses of industry and residence ownership. This conflict is often a serious one. The enjoyment by the residence owner of his property may be considerably impaired; the abatement of the noise may be at the price of loss of productivity, considerable expense or of not conducting the business at all.' The resulting situation is one which requires a …

Increasing Land Alienability Through Re-Recording Acts-The Indiana Statute

Indiana Law Journal

No abstract provided.

Taxation--Receipt Of Income--Satisfaction Of Judgment After Assignment As Income To Assignor, R. F. M.

West Virginia Law Review

No abstract provided.

Taxation--Systemic Proportionate Overvaluation--Special Classification Of Money And Credits Of Building And Loan Companies, J. H.

West Virginia Law Review

No abstract provided.

Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.

Michigan Law Review

A mushroom crop of litigation has sprung up as a result of wartime governmental restrictions on production and consumption of civilian goods, particularly with respect to regulations of the sale of gasoline, tires, automobiles, and automobile accessories. Numerous problems have confronted the courts involving leases of property for the purpose of selling or servicing motor vehicles, where the lessee has sought to be released from his covenant to pay rent by invoking the so-called doctrine of "commercial frustration."

Brokers-Commission-When Earned

Indiana Law Journal

No abstract provided.