Commercial Law Commons^™

Constitutional Law--State Taxation Of Interstate Commerce, William C. Brafford Jr.

Kentucky Law Journal

No abstract provided.

Section 112(B)(6): Benefit Or Burden?, Raymond Whiteaker

Vanderbilt Law Review

The general provision in the Internal Revenue Code pertaining to the liquidation of corporations is section 115 (c). Under this section gain or loss on a liquidation is recognized to the extent that the assets received in liquidation exceed or fail to exceed the basis of the share-holder's stock. An exception to this general rule, however, is provided by section 112(b) (6) whereby a parent may liquidate a subsidiary without recognizing any gain or loss on the liquidation if the statutory requirements are met.

The nonrecognition provision first appeared in the Revenue Act of 1935 as section 110 (a).' This …

Personal Liability Of Corporate Officers For Ultra Vires Contracts, J. F. Dirisio

Vanderbilt Law Review

A director or other officer of a corporation, when contracting on its behalf, acts as its agent and the laws of agency are generally applicable. This note presents those problems, apparently unique to corporation law, in the liability of an agent who, with authority, contracts for a principal who has no authority.' Of no concern here are those instances where, either because of ratification or estoppel, the corporation itself is liable, since if the principal is bound the other party has no ground of complaint against the agent.

An officer of a corporation, contracting in excess of or without authority …

Property—Personal Property—Sales, Richard Manz

Buffalo Law Review

Zendman v. Harry Winston, Inc., 305 N. Y. 180, 111 N. E. 2d 875 (1953).

Securities - Rights Of Used Car Purchasers Under Trust Receipt Financing, Walter H. Weiner S.Ed.

Michigan Law Review

The recent enactment of the Uniform Trust Receipts Act: by the Michigan legislature was an important and much needed revision in the Michigan law of chattel security. Although the UTRA has been referred to as a " . . . perplexing maze of technical phrases ... ," it is submitted that the act contains a clear presentation of the changes which are to be effected, and should go far in freeing the financing of goods in the flow of commerce from some anachronistic shackles. The particular intent of this comment is to explore the impact of the UTRA and other …

Overlapping, Duplication And Conflicts Among Municipal Corporations, Alvin E. Evans

Vanderbilt Law Review

There is a well-known principle of municipal government that there cannot be two municipalities possessed of the same or similar powers, privileges and jurisdiction covering the same territory at the same time. Perhaps the earliest expression of this principle may be found in an early English dictum to that effect where the court explains why such a proposition must be true, viz., "[F]or, instead of good order, that would only be productive of anarchy." Whether in our conglomerate of municipalities we have abided by this principle or have created duplications, overlappings and conflicts due to the vast multiplicity of municipal …

Sales - Uniform Trust Receipts Act - Strict Requirement Of Accuracy In Designating Trustee In Filing Under The Act, John W. Hupp S.Ed.

Michigan Law Review

Plaintiff and E. R. Millen Co., Inc., entered into a financing arrangement whereby plaintiff agreed to finance the wholesale purchase of various types of electrical appliances by E. R. Millen Co., Inc. Plaintiff promptly recorded a statement of trust receipt financing setting forth that the plaintiff "is or expects to be engaged in financing under trust receipt transactions the acquisitions by the trustee, E. R. Millen Company." The statement then designated the trustee's business address. This trust receipts arrangement was in operation for about a year when E. R. Millen Co., Inc., made a general assignment of all of its …

Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.

Michigan Law Review

Petitioner brought an action in an Arkansas state court to enjoin enforcement of a state statute which required all contract carriers using the highways of the state to secure a permit from the state Public Service Commission. The Arkansas Supreme Court found that five driver-owners who had been arrested while transporting petitioner's product in interstate commerce without such a permit were "contract carriers" within the meaning of the statute. Neither petitioner nor any of the drivers had applied for a state permit. Under the terms of the statute, granting of the permit was contingent on certain factors, such as the …

Integration And Dissolution Of The A & P Company, Joel B. Dirlam, Alfred E. Kahn

Indiana Law Journal

No abstract provided.

Sales, Robert L. Taylor

Washington Law Review

Covers bulk sales and motor vehicle licensing and registration.

Is Control Of Dealer Participation A Necessary Adjunct To Regulation Of Installment Sales Financing?

Indiana Law Journal

No abstract provided.

Fair-Trade Under State And Federal Law, Neil R. Farmelo, Maynard C. Schaus Jr.

Buffalo Law Review

No abstract provided.

Secured Comsumer Goods Transactions Under New York Law And The Uniform Commercial Code, Sheldon Hurwitz, Ralph L. Halpern, Robert S. Gottesman

Buffalo Law Review

No abstract provided.

Sales-Application Of Bulk Sales Act For Protection Of Nonmerchandise Creditor Of Vendor Of Stock Of Durable Goods. [Wisconsin]

Washington and Lee Law Review

No abstract provided.

Conditional Sales Contract - Conflict Of Laws - Extraterritorial Effect - Third National Bank In Nashville V. Handy Janey

Maryland Law Review

No abstract provided.

Embarques De Azúcar A Granel, Rene Luis Barrena

Mario Diaz Cruz Pamphlets

Embarques de azúcar a granel al honorable Sr. Ministro del Trabajo Carlos Saladrigas y Zayas.

Breach Of Warranty Of Fitness As Failure Of Consideration--Meyer V. Land, Dianne Mckaig Walden

Kentucky Law Journal

No abstract provided.

Statute Of Frauds—Sufficiency Of Memorandum, Eldon C. Parr

Washington Law Review

Action on a contract whereby P agreed to sell and D to buy 4200 day-old poults. Such a contract is unenforceable unless a memorandum signed by D is sufficient to satisfy the requirements of the statute of frauds. RCW 63.04.050 (1) [RRS § 5836-4(1)]. P relied on a printed contract form, filled in by P but unsigned by either party, and a postal card signed by D on which D wrote, "Dear Mr. Grant: I have decided to not raise any turkeys this year so will you please cancel my order? . . ." P contended that the word "order" …

Union, Self-Employed, Consumer: A Three-Sided Controversy

Indiana Law Journal

No abstract provided.

Warranties To A Payor Or Acceptor Under The Uniform Commercial Code § 3-417(1)

Indiana Law Journal

No abstract provided.

An Experiment In A Seminar On Commerial Law, William E. Britton

Journal of Legal Education

No abstract provided.

Sales—Breach Of Express Warranty—Action By Sub-Purchaser, John L. Hay

Washington Law Review

Action for damages for breach of an express warranty. C, at P's request, located a tractor for sale. P agreed to purchase the tractor if D, its owner, would give a warranty of condition. D and C assured P that such a warranty would be made. D addressed a warranty formulated according to P's specifications to C. C purchased the tractor, resold it to P, and delivered to P the statement of warranty. Trial court found for P. Appeal. Held: Affirmed. P, as beneficiary, may sue D directly for breach of the warranty, as D and C intended that the …

Sales—Waiver Of Right To Rescind, John L. Hay

Washington Law Review

P installed a heating system in Ds' house, removing and keeping the old furnace as part of the purchase price. On discovering faulty installation, Ds notified P of their desire to rescind and demanded reinstallation of the old furnace. P refused and filed a lien for the purchase price on Ds' house, which he now seeks to foreclose. These events took place in winter, and Ds, aged and in poor health, continued to use the new heating system, there being no other adequate means of heating the house. The trial court refused to foreclose the lien and held for Ds …

Regulation Of Business--Robinson-Patman Act--Defenses Of In Pari Delicto And Changed Market Conditions, William K. Davenport

Michigan Law Review

A group of businessmen in Santa Rosa, New Mexico, organized a boycott against all bread except that baked by plaintiff, the sole baker in Santa Rosa, to induce him not to move his bakery out of town; plaintiff agreed to this plan. Defendant, who sold in interstate commerce, thereupon halved his bread prices in Santa Rosa while maintaining them in other towns, in order to defeat the boycott and preserve the town as a market. Plaintiff brought an action for treble damages under section 2(a) of the Robinson-Patman Act for injuries suffered from this price discrimination. The federal district court …

Books Received, Law Review Staff

Vanderbilt Law Review

-- Books Received --

Commercial Law, Cases on

By Robert Braucher

Brooklyn: The Foundation Press, Inc., 1951. Pp. 709. $8.00

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Commercial Transactions, Cases and Materials, Temporary Edition

By Arthur E. Sutherland, Jr. and Bertram F. Willcox

Brooklyn: The Foundation Press, Inc., 1951. Pp. 1251. $9.50

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Conflict of Laws, Cases and Materials, Third Edition

By Elliott E.Cheatham, Herbert F. Goodrich, Erwin N. Griswold and Willis L. M.Reese

Brooklyn: The Foundation Press, Inc., 1951. Pp. 960. $9.00

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Constitution of Powers in a Secular Statte, A.

By Edward S. Corwin

Charlottesville: The Michie Co., 1951. Pp. 126

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Evidence, Cases …

Sales, James C. Quarles

Mercer Law Review

By far the greatest number of sales cases of interest were those involving warranties. Two of the cases show that treating an action for breach of-warranty as a contract action rather than as a tort has important consequences. In C. M. Miller Co. v. Ramey, plaintiff's action on an open account was met by a set-off arising from defendant's expenditures in obtaining the release from condemnation of flour plaintiff had represented had no g6vernment action pending or contemplated against it. Plaintiff urged that defendant's demand sounded in tort (fraud and deceit) and could not be set off against plaintiff's …

Sales—Specific Performance Of Personalty—Effect Of Uniform Sales Act, Joseph C. Tisdall

Buffalo Law Review

Hunt Foods, Inc. v. O'Disho, 98 F. Supp. 267 (N. D. CaL 1951).

Fair Trade—Non Signer Provisions Held Unenforceable As Violative Of Sherman Act, John A. Krull

Buffalo Law Review

Schwegmann Bros. v. Calvert Distillers Corp ., 341 U. S. 384. 71 Sup. Ct. 745, 95 L Ed. 1035 (1951).

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

Indiana Law Journal

No abstract provided.

Book Reviews, Henry H. Foster Jr., John Honnold, Robert Braucher, Laurence M. Jones, Robert R. Wilson, Norman D. Lattin, Paul W. Bruton

Journal of Legal Education

No abstract provided.