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Articles 541 - 570 of 728
Full-Text Articles in Contracts
Recent Developments, Various Editors
Recent Developments, Various Editors
Villanova Law Review (1956 - )
No abstract provided.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Perpetuities, Privity And Professional Liability, D. Orville Lahy
Perpetuities, Privity And Professional Liability, D. Orville Lahy
University of Richmond Law Review
As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.
Restitution -- 1964 Tennessee Survey, John W. Wade
Restitution -- 1964 Tennessee Survey, John W. Wade
Vanderbilt Law Review
The most significant case during the Survey period is Gulf Oil Corp.v. Forcum. The State of Tennessee condemned for highway purposes certain property including the location of a filling station. Defendant was lessee of this property and had installed its own tanks, pumps and other equipment. Plaintiff had the contract to construct the highway and was entitled under this contract to salvage condemned property. Refusing to allow defendant's agent to remove the service station equipment, plaintiff removed the equipment itself at considerable expense. When the condemnation proceeding was completed, defendant was awarded 2,000 dollars for the value of its leasehold, …
Prior Lien On Rents And Profits Upheld As A Method Of Financing Repairs- In Re Dep't Of Bldgs., Michigan Law Review
Prior Lien On Rents And Profits Upheld As A Method Of Financing Repairs- In Re Dep't Of Bldgs., Michigan Law Review
Michigan Law Review
Official findings of the New York Legislature in 1962 revealed the existence in certain cities of housing conditions which, unless immediately corrected, might cause irreparable damage to buildings or endanger the life, health and safety of their occupants or the general public. To facilitate the correction of these conditions and to increase the supply of adequate, safe dwelling units, the legislature enacted the 1962 Receivership Law, which creates a procedure enabling a city to enforce its housing codes by compelling needed repairs and improvements.
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Remedies Of The Vendor And Purchaser Under A Contract For The Sale Of Realty In Pennsylvania, Michael H. Hynes
Villanova Law Review (1956 - )
No abstract provided.
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Reflections Upon Hegel's Concept Of Property, Contract, Punishment, And Constitutional Law, Morris D. Forkosch
Vanderbilt Law Review
Codification and re-codification in federal and state jurisdictions has proceeded in a geometrical progression these past decades. To what extent is the old law yielding or, au contraire, to what extent is the ancient law reappearing? For example, are Plato's views on crime and punishment being revived, continued, or changed?' Or,to what extent are Hegel's views in a certain few legal areas of present interest and value? As we shall see, an understanding of Hegel's juris-prudential views, as related to specific topics, is a present-day pragmatic necessity. We propose to seek these views, albeit briefly, in the fields of property, …
Compulsory Oil And Gas Unitization: Effect On Overriding Royalty Obligations- A Hypothetical Judgement Of The High Court Of Juristic Review In Peter Fox Brewing Co. V. Sohio Petroleum Co., Maurice H. Merrill
Michigan Law Review
Jus, Chief Justice. As should be well known, our practice is to sit in review of decisions presenting elements of difficulty, and concerning the propriety of which there seems reason for doubt. We have no jurisdiction to reverse, to modify, or to affirm. Our judgment must be confined to approval or to disapprobation, or to some position between these two extremes.
Contracts -- 1961 Tennessee Survey (Ii), Paul J. Hartman
Contracts -- 1961 Tennessee Survey (Ii), Paul J. Hartman
Vanderbilt Law Review
Statutes may impose a tax upon the transaction of certain business merely for the purpose of raising revenue, and not with any view of regulating the business itself. Even though such statutes impose a penalty for failure to comply with their provisions, contracts made without paying the requisite tax or obtaining the requisite license generally are not thereby made unenforceable. Of course, the legislature may provide that the failure to comply with a revenue statute will invalidate a bargain. But where, as in the Acuff case, the purpose of the statute is the protection of the public, a bargain made …
Financing Industrial Development In The South, Margie F. Pitts
Financing Industrial Development In The South, Margie F. Pitts
Vanderbilt Law Review
Proponents of public industrial building financing justify their position by pointing to the need to supplement private investment and to raise the level of per capita income in areas which have chronically suffered from this condition. The view one adopts of such financing is often couched on the high theme of free enterprise versus governmental participation. Yet the problem may also be viewed from the perspective of the South and its immediate needs.In the long run, it might well be that this program will have served to furnish a starting point for the process of development which would lead to …
Real Property - Liens - Husband's Contract For Improvements On Land Owned Jointly With Wife, Judd L. Bacon S.Ed.
Real Property - Liens - Husband's Contract For Improvements On Land Owned Jointly With Wife, Judd L. Bacon S.Ed.
Michigan Law Review
A husband alone contracted for the construction of a house on property owned jointly with his wife. The wife inspected the progress of the work, took part in directing it, and later occupied the house. In an equity proceeding by the contractor to establish and enforce a mechanic's and materialman's lien on the premises for the balance due under the contract, the trial court rendered a decree for the contractor. On appeal, held, reversed. Since there was no showing that the husband contracted as an agent of the wife, and the evidence does not support a finding that she …
The Real Estate Broker's Undertaking, William E. Wallace
The Real Estate Broker's Undertaking, William E. Wallace
Vanderbilt Law Review
In earlier articles I have discussed problems dealing with the enunciation and expression of listing agreements, their formal import' and the effect of one important segment of many of the attendant" payment" clauses. The former article concerned itself with the general problem of the relationship existing between a real property owner and his broker, while the latter dealt with the significance of words by which the payment clause of a brokerage agreement was introduced and with the effect of a wrongful default by the landowner. The present article will consider the legal significance of the actual terms employed to designate …
Book Reviews, Alan R. Bromberg, Albert A. Ehrenzweig, R. W. Fleming, William E. Hogan, David A. Bookstaver, Andrew V. Clements
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.
The Broker's Exclusive Listing Contract--Unilateral Or Bilateral, Alfred W. Meyer
The Broker's Exclusive Listing Contract--Unilateral Or Bilateral, Alfred W. Meyer
West Virginia Law Review
No abstract provided.
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Real Property - Joint Tenancy - Effect Of Contract To Convery By Joint Tenants Of Entire Interest In Property As A Severance Of The Joint Tenancy, George W. Marti
Michigan Law Review
H and W, as owners of certain real state in joint tenancy with rights of survivorship, contracted to convey this property. Prior to conveyance, and while part of the purchase price still remained to be paid, H died. Petitioner, an heir of H, brought action in equity for a declaratory judgment to determine the effect of a contract to convey land held in joint tenancy. The lower court held the joint tenancy had been terminated by the contract of sale and the contract to convey was held by H and W as tenants in common so that on …
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed.
Michigan Law Review
Defendant leased a portion of plaintiff's building for a seven-year period. Contained in the lease was a covenant whereby the lessee agreed not to assign or sublet without the lessor's consent. One year prior to the expiration date of the lease, the defendant gave notice of his intention to vacate and submitted to the plaintiff a proposed sublease under which the premises would be rented to the Postmaster General of the United States. The plaintiff stipulated that the proposed sublessee was ready, able, and willing to assume the obligations of the original lease and was a proper sublessee in every …
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Journal of Legal Education
No abstract provided.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Restitution - Constructive Trust Relief For Breach Of Oral Contract To Create Trust In Land, Edward A. Manuel S.Ed.
Michigan Law Review
Plaintiff mining company sued to impose a constructive trust on mineral interests purchased by the defendant employee in breach of his oral agreement with the company. The agreement included a promise to hold any property so acquired in trust for the employer at his election. Ruling that this agreement was unenforceable under the Oklahoma statute of frauds, the trial court relied on the defendant's status as an ordinary employee without duties relating to the acquisition of mineral interests or access to confidential information, and gave judgment for the defendant. On appeal, held, affirmed. Without proof of positive fraud or …
The Installment Land Contract As A Junior Security, E. George Rudolph
The Installment Land Contract As A Junior Security, E. George Rudolph
Michigan Law Review
It is the purpose of this paper to explore the problems of one group whose members are increasingly, and more or less as a matter of necessity, finding themselves in the role of mortgagees, or vendors under installment purchase contracts, although they do not fit the assumed pattern. This group consists of persons who own homes subject to existing mortgages and for one reason or another decide to sell. The existing mortgages may be insured by the Federal Housing Administration or by the Veterans Administration or they may be uninsured mortgages held by building and loan associations or other financial …
Restitution - Recission - Measure Of Restitution Required Of Rescinding Vendee Of Executed Land Contract, Donald W. Shaffer S.Ed.
Restitution - Recission - Measure Of Restitution Required Of Rescinding Vendee Of Executed Land Contract, Donald W. Shaffer S.Ed.
Michigan Law Review
Plaintiff vendee sought to rescind an executed contract for the sale of an inn, alleging fraud in the inducement. The lower court granted rescission and ordered repayment to the plaintiff of that part of the purchase price already paid over to defendant- vendor, less $2,500, which was found to be the fair or reasonable rental value for the period of the plaintiff's possession. Both parties appealed, defendant claiming a higher rental figure and plaintiff asserting that no rental should be allowed. Held, the plaintiff should be charged rent measured by the value of the benefits which accrued to him …
Contracts - Consideration- Requirement Of Consideration For Modification Of A Contract, David Macdonald
Contracts - Consideration- Requirement Of Consideration For Modification Of A Contract, David Macdonald
Michigan Law Review
Landlord leased space to tenant in a building which was to be erected. The agreement and subsequent modifications pro- . vided that the landlord should pay the broker's commission and architect's fees, and have the power to cancel the lease prior to a specified time. The litigation arose over another attempted modification in the form of a letter from the tenant in which the tenant promised to indemnify the landlord for the broker's commission and architect's fees if the landlord should cancel the lease as it had the power to do under the agreement. In compliance with the tenant's request, …
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Conflict Of Laws - Brokerage Contracts - Out-Of-State Broker Denied Commission Because Of Isolated Acts Within Forum, Richard J. Riordan S.Ed.
Michigan Law Review
Plaintiff was a Massachusetts real estate broker, not licensed to do business in New York. Defendants, who resided in New York, owned real estate in Massachusetts and executed a brokerage contract there with the plaintiff. The real estate was leased to a Massachusetts corporation through plaintiff's efforts. All of plaintiff's services, with the exception of several important conferences in New York, were performed in Massachusetts. On plaintiff's suit for unpaid commissions, held, for defendant. The New York brokerage laws prohibit recovery in a New York court by brokers, unlicensed in New York, who perform any brokerage services within the …
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Insurance - Recovery - Land Contract Purchaser Allowed Recovery On Both Vendee's And Vendor's Policies In Excess Of Loss, Jerome K. Walsh, Jr.
Michigan Law Review
An owner of realty entered into a contract to sell the land to the plaintiff. The vendor then took out fire insurance on his interest in the amount of $6,000 and the plaintiff obtained a policy covering his interest in the sum of $12,000, with a "three-fourths value" clause. Before performance of the contract and transfer of title, a fire occurred which caused $12,000 damage to the property. After the plaintiff paid the full contract price and took title to the property, he demanded and received an assignment of the claim under the vendor's policy. Plaintiff then brought suit on …
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Future Interests - Restraints On Alienation - Option To Repurchase At A Fixed Price, Edward H. Hoenicke S.Ed.
Michigan Law Review
Shortly after his second marriage in 1925, plaintiff deeded a house and two lots to the parents of his first wife. The grantees, along with the plaintiff, had occupied the premises since the first wife's death. The deed contained a provision that "if the second parties do not wish at any time to use the property as a home, the first parties shall have the first privilege to purchase the above described property at any future time at the price stated in this deed, viz., $4,000." In 1952, after the death of both grantees and when the property was worth …
Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson
Contracts (Herein Of Agency) -- 1955 Tennessee Survey, Merton L. Ferson
Vanderbilt Law Review
Offer and Acceptance: Listing Property for Sale With Broker: In Jenkins v. Vaughan' the facts were these: Vaughan had a drug store for sale. He gave Jenkins, a broker, an exclusive listing for 90 days and promised to pay Jenkins a commission if the property were sold within that time "either through you or any other reason." This listing was made October 10, 1951. On December 10, 1951, Vaughan directed an employee of Jenkins to cancel the listing. And on December 28 Vaughan sold the store to a purchaser procured by another broker. Jenkins had not spent any appreciable time …
Real Property--Contract To Purchase--Husband And Wife, C. B. F.
Real Property--Contract To Purchase--Husband And Wife, C. B. F.
West Virginia Law Review
No abstract provided.
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle
Michigan Law Review
Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Quasi-Contract - Materialman's Lien For Unrequested Expenditures In The Preservation Of Another's Property, William R. Jentes
Michigan Law Review
Plaintiffs were employed to make improvements on defendant's building. While the work was in progress the roof was partially destroyed by £ire through no fault of plaintiffs. Necessary repairs were made without the express consent of the defendant, who was in Europe and who had left no one in charge of the building to act for him. The trial court entered judgment foreclosing a materialman's lien given by statute to "any person who shall, under oral or written contract with the owner of any tract or piece of land, perform labor or furnish material for the . . . repair …
Property Rights In Professional Service Contracts, David B. Sebree Jr.
Property Rights In Professional Service Contracts, David B. Sebree Jr.
Kentucky Law Journal
No abstract provided.
Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii
Devolution Of Rights Under An Unexercised Option To Purchase Land, Eugene C. Roemele Iii
Kentucky Law Journal
No abstract provided.