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Articles 601 - 630 of 728
Full-Text Articles in Contracts
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Agency-Liability Of Agent On Contract For Principal-Effect Of Adding "Agent" To Signature, John A. Huston
Michigan Law Review
Defendant, a real estate broker purporting to act for X, made a contract with plaintiff for the sale to plaintiff of X's farm. The only evidence in the writing of defendant's agency was the word "agent" which he appended to his signature. Plaintiff paid defendant $1000.00 as a deposit which defendant tendered to X who returned $500.00 to defendant as his commission for the sale. Upon destruction of an important part of the premises before execution of the contract, plaintiff brought suit against X and defendant to rescind the contract and recover the deposit. Recovery against X was …
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Contracts-Anticipatory Breach Of A Unilateral Obligation To Pay Money, George Brody
Michigan Law Review
Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission. Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable …
Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.
Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.
Kentucky Law Journal
No abstract provided.
Contracts-Doctrine Of "Commercial Frustration" As Applied To Leases Of Real Property, Margaret Groefsema S. Ed.
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."
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Fusion Of Law And Equity--Suit At Law For Purchase Price Of Land, Henry Howe Bramblet
Kentucky Law Journal
No abstract provided.
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Oil And Gas - Interpretation Of Lease Containing Royalty Provisions, Brooks F. Crabtree
Michigan Law Review
Several of the plaintiffs owned oil-producing land in Oklahoma and had leased it to one Briggs. The lease ran for a fixed term and "so long thereafter as oil or gas may be produced therefrom by the lessee." It provided for a royalty payment to the lessor of one-eighth of the oil or gas produced, and gave the lessee the right "at any time" to remove all machinery and equipment placed on the premises, including the right to draw and remove the casing. Briggs sold the equipment thereon to defendant and later sold the lease itself to one of the …
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Taxation - Gift Tax - Transfer In Pursuance Of An Antenuptial Agreement As A Taxable Gift, Michigan Law Review
Michigan Law Review
Plaintiff entered into an antenuptial agreement with his intended wife whereby she waived all rights which she might acquire by virtue of the marriage in certain stock which he owned. In consideration therefor, he transferred to her two annuities and an interest as tenant by the entirety in two parcels of real estate. Plaintiff contended that such transfers did not constitute taxable gifts, and the Board of Tax Appeals decided in his favor. Held, that the transfers were taxable gifts, for a waiver of marriage rights in the property of plaintiff pursuant to an antenuptial agreement did not constitute …
Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S.
Contracts--Sufficiency Of Notice To Require Exercise Of Option, W. H. S.
West Virginia Law Review
No abstract provided.
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Landlord And Tenant - Covenant By Landlord To Repair - Liability Ex Contractu For Personal Injuries Of The Tenant's Wife, Reid J. Hatfield
Michigan Law Review
One of the terms under which certain premises were leased to plaintiff's husband was a covenant by the defendant lessor to keep the premises in repair. Defendant neglected to repair two of the porch steps, although often requested by plaintiff to do so, and because of their defective condition plaintiff fell and was hurt. She brought suit on two counts; in tort for negligence, and on the contract for its breach. Held, an action in tort would not lie, and, although this was a proper case for an action ex contractu, recovery was denied because the consequences were avoidable …
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Eminent Domain - Covenants - Violation Of Building Restrictions By Exercise Of Public Authority - Necessity For Compensation, Edmund R. Blaske
Michigan Law Review
It is the purpose of this comment to examine the contract and the property theories of restrictive covenants; and to suggest other possible grounds upon which to decide whether or not a public agency should compensate owners in the subdivision for interference with their restrictive covenants.
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr.
Michigan Law Review
A and B mortgaged real estate to the plaintiff to secure their notes aggregating $9,000. Six months later A and B exchanged this property to the defendant for certain real estate owned by her. By the deed the defendant assumed the mortgage indebtedness owed to the plaintiff. As a further consideration for the exchange, A and B executed a note for $13,050 to the defendant. The plaintiff instituted this action against A and B, seeking to recover the balance, and by amended petition joined the defendant. The defendant claimed the right of set-off on the uncollected judgment against A …
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes
Michigan Law Review
Plaintiff installed elevators in an apartment house under construction. The elevators were covered by a conditional sale contract with the general contractor. Prior to the sale of the elevators the apartment house had been mortgaged. Upon the contractor's default in payment for the elevators, plaintiff asserted his right to remove the elevators as against the owner of the apartment and the mortgagee. Held, the elevators could be removed. Otis Elevator Co. v. Arey-Hauser Co., (D. C. Pa. 1938) 22 F. Supp. 4.
Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman
Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman
Michigan Law Review
Vendor, a corporation, contracted to convey real estate to the vendee "by good and sufficient warranty deed, free of all incumbrances" upon payment of the purchase price by the vendee. The vendor assigned the contract to X as trustee and then went into receivership and liquidation. A new corporation was organized and the real estate subject to the contract was conveyed to it by the old corporation (vendor). The contract was then assigned to the new corporation by X, the trustee. The vendee being in default, the new corporation as assignee of the vendor sued the vendee for specific …
Agency--Broker's Right To Commissions, W. G. W.
Agency--Broker's Right To Commissions, W. G. W.
West Virginia Law Review
No abstract provided.
Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review
Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review
Michigan Law Review
Plaintiffs, assignees of an oil lease of land, after drilling a dry hole thereon, did not comply with the requirements of their agreement for further development within a stipulated time, in consequence of which there was a formal termination in accordance with the terms of the assignment. An extension of the lease, which the lessees obtained, was assigned to the defendants, who had knowledge of the foregoing circumstances and plaintiffs' claim of a property right in the dry hole. Defendants promised to pay plaintiffs for the use of the dry hole, but subsequently repudiated any liability on the promise. Held …
Contracts - Acceptance By Mistake, Michigan Law Review
Contracts - Acceptance By Mistake, Michigan Law Review
Michigan Law Review
Plaintiff mailed to defendant's agent a written offer to purchase a piece of property. A check was mailed with the offer which was to be the initial payment for the land, if the offer was accepted. In the lower corner of the check was noted, "to be cashed when contract is signed." Defendant's agent acknowledged the check and affirmed the stipulation. He instructed his stenographer not to deposit the check, but she did so, inadvertently. Plaintiff received notice of the check's deposit before the agent attempted to return the credit. Plaintiff brought an action for specific performance. Held, that …
Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review
Vendor And Purchaser - Equitable Conversion - Application To Obligation To Extinguish Forest Fires, Michigan Law Review
Michigan Law Review
A Montana statute placed the burden of extinguishing forest fires on the person on whose "property" the fire occurred, and, on failure of such person to extinguish it, made him liable to reimburse any authorized unit that should do so. Fire broke out on property owned by D, and a Government unit extinguished it. Previous to such fire, D had contracted to sell the land to X under a contract giving X the right of possession. Held, by the doctrine of equitable conversion, X was the beneficial owner, and the land was not D's "property" so as …
Principal And Agent - Liability Of Agent To Third Party For Contract Made Without Authority, Walter Probst Jr.
Principal And Agent - Liability Of Agent To Third Party For Contract Made Without Authority, Walter Probst Jr.
Michigan Law Review
The defendant conducted a real estate agency and had been requested from time to time to find a purchaser for a certain tract of land. The defendant negotiated to sell this land to the plaintiffs, who knew the defendant was acting as an agent. The land had before the time of this negotiation been conveyed to a third party by the principal. It was found that the defendant was acting in good faith. Held, that the defendant was not personally liable for the loss and damage sustained by the plaintiffs. King v. Russell, 278 Mich. 529, 270 N. …
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.
Michigan Law Review
The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps
Michigan Law Review
Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …
Equitable Conversion By Contract, R. T. Miller
Equitable Conversion By Contract, R. T. Miller
Kentucky Law Journal
No abstract provided.
Constitutional Law--Impairing Obligation Of Contracts--Statute Of Limitations On Enforcement Of Lien Of Trust Deed
West Virginia Law Review
No abstract provided.
Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price
Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price
Michigan Law Review
In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …
Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request
Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request
Michigan Law Review
Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant's brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman's lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to …
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Landlord And Tenant-Liability Of Lessee For Breach Of Contract- Measure Of Damages
Michigan Law Review
Defendant, lessee under a contract providing for payment of rents monthly in advance, moved out before expiration of the term and gave notice of refusal to comply further with the terms of the lease. Plaintiff, lessor, elected to treat the failure to pay the installment then due as a present breach of the contract and sued for damages. Defendant claimed that the contract had become unilateral after plaintiff's performance in conveying the leasehold which would give grounds for an anticipatory breach which defendant claimed was the theory of plaintiff's action. On defendant's demurrer to the complaint, it was held that …
Equity - Rescission Of Contract Induced By Fraud - Money Judgment As An Alternative To Specific Restitution
Michigan Law Review
Plaintiff entered into an agreement for the exchange of interests in real estate with one of the defendants. After payment of part of the boot money agreed upon, the plaintiff defaulted and sued to have the agreement rescinded for fraud. The trial court rendered a money judgment for the amount at which the plaintiff's property had been taken on the trade. Held, that defendant's wife, to whom the property had been conveyed, should have been joined, and that the decree should be modified to order a reconveyance to the plaintiff. Bacon v. Fox, 267 Mich. 589, 255 N. …
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Specific Performance Of Contracts To Convey Real Estate, Robert Bird, William E. Fanning
Kentucky Law Journal
No abstract provided.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Equity--Executory Contract For The Sale Of Real Estate--Risk Of Loss, Robert Edwin Hatton Jr.
Kentucky Law Journal
No abstract provided.
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
West Virginia Law Review
No abstract provided.
The Vendee's Lien- On Land And Chattels
The Vendee's Lien- On Land And Chattels
Michigan Law Review
The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …