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Articles 661 - 690 of 701
Full-Text Articles in Contracts
West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts
West Virginia Annotations To The Restatements Of Conflict Of Laws And Contracts
West Virginia Law Review
No abstract provided.
Municipal Corporations--Liability On Implied Contract, Bruce Morford
Municipal Corporations--Liability On Implied Contract, Bruce Morford
Kentucky Law Journal
No abstract provided.
Assignment Of Money Claims (Particularly Wage Claims) - Restraint On Alienation
Assignment Of Money Claims (Particularly Wage Claims) - Restraint On Alienation
Michigan Law Review
If a contract has been performed on one side so that all that remains is an obligation to pay and a right to receive money, can the parties by agreement effectively prevent the assignment of the claim? The Illinois Supreme Court had this question before it for consideration in the case of State Street Furniture Co. v. Armour & Co., where the plaintiff was the assignee of wages due to an employee of the defendant, the employee having agreed not to assign his wages without the written consent of his employer. The court decided that the restrictive agreement had …
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Sales--Distinction Between Conditional Sale And Chattel Mortgage-Michigan Rule
Michigan Law Review
The petitioner sold a truck under an unrecorded contract which provided that title was to remain in him until the buyer made full payment, and that in event of default the whole sum was to become due immediately with the right of reclamation. The buyer subsequently went into bankruptcy and the seller petitioned for reclamation of the truck from the trustee. Held, that since the contract under the Michigan rule constituted a chattel mortgage so that failure to record it made it ineffective against creditors, the petition should be denied. In re Central States Freight Corporation (E. D. Mich. …
Equity-Power To Reform-Effect Of Statute Of Frauds
Equity-Power To Reform-Effect Of Statute Of Frauds
Michigan Law Review
The plaintiff made an oral contract to sell certain shares of stock to the defendant at a price of $1,160 a share, as a result of a telephone conversation. On the same day the plaintiff sent the defendant a written confirmation of the sale, in which the price of $1,060 a share was inserted by mistake. The New York Statute of Frauds makes such a contract unenforceable unless a note or memorandum thereof be in writing. Held, that although the parties intended to make a memorandum of the oral contract which they had made, the memorandum was of a …
Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton
Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton
Indiana Law Journal
No abstract provided.
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
Conditional Sale Contracts In Indiana, Ollie C. Reeves
Conditional Sale Contracts In Indiana, Ollie C. Reeves
Indiana Law Journal
No abstract provided.
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Michigan Law Review
A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
Michigan Law Review
That contracts between private parties cannot stand in the way of exercises of the police power for the promotion of health, morals and safety is firmly established. This principle was invoked against objection to rent regulation in decisions of the preceding term, and it is reiterated in Edgar A. Levy Leasing Co. v. Siegel. In one of the cases involved in this decision a tenant was relieved of a contract made after the statute was enacted, and the landlord here encountered the further doctrine that "of course, a lease made subsequent to the enactment of a statute cannot be …
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Privity Of Contract And Tort Liability, Herbert F. Goodrich
Articles
Two parties, A and B, make a contract whereby B undertakes to perform certain services for A. He performs his task in a negligent manner, and as a consequence C, a third party, suffers injury. Has C rights against B?
Recovery Of The Purchase Price Before Title Has Passed, John B. Waite
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 …
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Performance Of Legal Obligation As A Consideration For A Promise, John B. Waite
Articles
At a time when the true reasonableness of the common law and its responsiveness to the actualities of life are under criticism, it is interesting to find several cases, within the past year, affirming the old rule that performance of a legal duty is not consideration for a promise. In Vance v. Ellison, (V. Va.) 85 S. E. 776, suit was brought to enjoin the enforcement of a deed of trust executed by plaintiff to defendant, to secure payment of $1000 promised for legal services. It was admitted that when the deed was executed the defendant was already bound by …
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Note And Comment, Gordon Stoner, Edgar N. Durfee, Werner W. Schroeder, Albert J. Mickelson, Maurice Weinberger
Michigan Law Review
The Form of the Summons Under the Recent Michigan Judicature Act - It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Adverse Possession--Prior Holding; Appeal and Error--Harmless Error--Admission of Evidence--Mortality Tables; Bankruptcy--Effect of Composition of Liability of Surety on Bankrupt's Note; Bank and Bank--Collections--Insolvency of Collecting Bank; Bills and Notes--instruments Constituting Negotiable Notes; Contracts--Arbitration Clause; Contracts--Indefiniteness of Promise; Contributory Negligence--Acts in Emergency; Corporations--Liability of Corporation in Action for Deceit; Estoppel--School Lands--Title of State; False Pretenses--Defenses--Illegality; Husband and Wife--Support of Self and infant Children--Action by Wife Against Husband; Intoxicating Liquors--Regulation--Prohibition--Police Power; Mortgages Upon Property of Constituent Companies Become a Lien Upon the Property of a Consolidated Company; Municipal Corporations--Liability for Injuries Resulting from Civic Beautification; Municipal Corporations--Partial Vacation of Streets--Title to Land …
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Note And Comment, Gordon W. Stoner, Newton K. Fox, Walle W. Merritt, Albert E. Meder
Michigan Law Review
The Power of a Court to Compel a jury to Render its Verdict in Accordance with a Peremptory Instruction; The Liability of Municipal Corporations in the Discharge of Public or Governmental Duties and of Private or Corporate Duties; Some views of the Nature and Effect of Corporateness; Mitigation of Damages or Substituted Contract; Limitation of the Amount of a Carrier's Liability
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attachment--Jurisdiction Over Non-Resident; Bankruptcy--Debts Entitled to Priority--Workman, Clerk, Etc.; Bankruptcy--Title of Trustee Under Unrecorded Conditional Sale--Effect of Amendment of 1910; Bills and Notes--Actions--Real Party in Interest; Carriers--Limiting Liability for Loss of Baggage--Interstate Commerce; Commerce--Constitutionality of State Regulation of Rates; Commerce--Natural Gas as Subject of Interstate Commerce; Covenants Running with the Land--Establishment of Railroad Station; Damages--Penalty or Liquidated Damages--Construction of Stipulation in Contract; Deeds--Covenant to Stand Seised to Uses; Divorce--Recrimination--Dismissal of Bill-When Both Parties Guilty; Equity--Jurisdiction--Adequate Remedy at Law; Evidence--Admissibility of Admissions and Confessions of Accused to Prove the Corpus Delicti; Insurance--Suicide--Waiver of Statutory Provisions; Judgment--Collateral Attack on Judgment of Probate …
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Authority of Attorney--Compromise; Attorney and Client--Disbarment--Reasonable Doubt; Bankruptcy--Corporations Subject to Involuntary Bankruptcy--Amendment of 1910; Bankruptcy--Following Trust Funds into Hands of Trustee in Bankruptcy; Bills and Notes--Notice by Mail--Proof of Mailing; Bills and Notes--Right of Drawee of Forged Check or Draft to Recover Money Paid Thereon; Boundaries--Line Between Riparian Owners; Boundaries--Monuments Give Way to Courses and Distances; Carriers--Limitation of Amount of Recovery in Case of loss of Baggage; Charities--Testamentary Trusts--Gift for Masses; Constitutional Law--Religious Liberty--Religious Exercises in Schools--Bible; Contracts--In Restraint of Trade--When Valid; Courts--Doctrine of Stare Decisis; Evidence--Admissibility of Confessions; Evidence--Admissibility of Market Quotations; Executors and Administrators--Denial of Application …
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Note And Comment, Horace Lafayette Wilgus, Ralph W. Aigler, Harry L. Patton, Frank Ayres, C. Redman Moon
Michigan Law Review
The Right of Joint Adventurers, Holding All the Stock of a corporation, to a Dissolution and Accounting in Equity; Liability of Water Companies for Losses by Fire in Actions of Tort; Judgments as contracts and the Effect of Motive in Creating a Tort; Intervening Agency as an Element in Determining Proximate Cause; Application of Michigan Statute for the Benefit of Laborers and Materialmen on Public Works and the Right of Third Parties to Sue; Marketable Title;
Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.
Note And Comment, Ferris D. Stone, Dan B. Symmons, J. Earl Ogle Jr.
Michigan Law Review
The Execution of the Insured for Crime as a Defense to the Insurer, the Policy Being Silent as to This Contingency; The Power of a Corporation to Hold and Vote Stock of Another Corporation; Effect of an Agreement Not to Compromise Without consent of Attorney Upon Contract for Contingent Fees; The Pennsylvania Supreme Court and The Pennsylvania Railroad Company
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bills and Notes--Fictitious or Non-Existing Payee--Knowledge of Maker--English and American Views; Bills and Notes--Holder in Due Course; Carriers--Exemption from Liability for Negligence Under Special Contract; Colleges--Entrance Discriminations--Mandamus Not Remedy for Refusing Admission; Constitutional law--Aliens--Keeping for Immoral Purposes; Constitutional Law--Class Legislation--Licensing Itinerant Vendors; Constitutional Law--Legislative Power--Intoxicating Liquors--License System; Constitutional Law--Police Power--Intoxicating Liquors; Constitutional Law--Police Power--Ordinance Absolutely Prohibiting Billboards; Corporations--Ultra Vires--Organizing Another Corporation--Dissenting Stockholder; Deeds--Cancellation for Fraud--False Representations as to Intention; Deeds--Description--Parol Evidence to Explain Ambiguity; Deeds--Effect of Statute Abolishing the Use of Private Seals; Divorce--Adultery--Consent of Plaintiff; Elections--Qualification of Voters--Payment of Taxes--Payment by Unauthorized Person; Evidence--Privileged Communications--Professional Nurse and Patient; Health--Offering …
The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake
The Public Policy Of Contracts To Will Future Acquired Property, Joseph H. Drake
Articles
The general subject of wills upon consideration seems to have given courts and jurists a good deal of trouble, not only in England and America, but also in the continental countries. The Code Napoleon appears in terms actually to prohibit the making of reciprocal or mutual wills in the same instrument.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Persons Entitled to Take--Officer and Stock-Holder of Corporation; Agency--Brokers--contract of Employment--Middleman--When Commissions are Earned; Bankruptcy--Discharge--Vacation; Bankruptcy--Jurisdiction--Summary Proceeding; Bills and Notes--Liability of Infant on note Given for Necessaries--Misrepresentation of Age; Carriers--Passenger's Signature to Excursion Ticket; Constitutional Law--Eleventh Amendment--Jurisdiction of Federal Circuit Court--Penalty for Disobeying Rate Legislation; Constitutional Law--State Taxation--Property in Transit; Corporations--Franchise and License Distinguished; Damages--Liquidated Damages--Discounts; Death by Wrongful Act--Statute--Construction--Death Outside the State--Right to Sue; Deeds--Adverse Possession--Color of Title; Evidence--Admissions in Pleadings; Evidence--Best Evidence; Evidence--Works on History as Evidence; Extortion--Indictment--Sufficiency; Imprisonment for Debt--Solitary Confinement; Injunction--Scope of Order Restraining Strike; Insane Persons--Conveyances--Avoidance--Ejectment; Insurance--Rescission of Contract--Action for--Interest of Beneficiaries; Interstate Commerce--Regulation of, …
Note And Comment
Michigan Law Review
The Case of Bigelow v. Calumet and Hecla Mining Company et al., Involving the Question of the Control by One Corporation of a Competing Corporation; The right of the Federal or a State government to Maintain an Action for the Recovery of Taxes; Liability of a Life Insurance Company When the Insured is Executed for the Commission of a Crime; Jurisdiction of a Court of Equity to Restrain the Commission of Criminal Acts; Municipal Contracts for Patented or Proprietary Paving
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Note And Comment, Edson R. Sunderland, John E. Winner, Stephen W. Downey
Michigan Law Review
Power of Municipal Corporations to Grant Exclusive Privileges; Police Regulation of Sleeping Car Berths; The Liability of a Husband for Slander and Libel Committed by His Wife; Sufficiency of a Verdict Which Fails to Fix the Time of an Attempt to Commit Burglary, the Punishment Varying With the Time; Grantor's Remedy on Breach of Condition Subsequent;
Invalid Contracts For Contingent Fees, James H. Brewster
Invalid Contracts For Contingent Fees, James H. Brewster
Articles
It is not unusual that agreements between attorneys and clients providing for contingent fees contain a stipulation to the effect that no settlement of the controversy concerning which there is a bargain for fees shall be made by the client without the attorney's consent. In the recent case of Davy et at. v. Fidelity and Casualty Ins. Co., 85 N. E. 504, the Supreme Court of Ohio condemns such an agreement as champertous and, by the citation of many Ohio decisions, "demonstrates that this court has always maintained a consistent and unambiguous attitude in regard to contracts of the kind …
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Note And Comment, Harry B. Hutchins, Ralph W. Aigler, T. Harry Slusser, Ivan E. Chapman
Michigan Law Review
The James McMillan Memorial Association; Liability of Hospitals for the Negligence of Their Physicians and Nurses; Intent in Embezzlement by Corporate Official; The Validity of the Initiative and Referendum; Scope of Review, on Appeal from Decision of State Board of Health, Revoking Certificate to Practice Medicine; What are the Rights of a Person Under a Promise to do That Which He was Already under Obligation to Do?;
Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein
Note And Comment, Horace L. Wilgus, Thomas V. Williams, Fabian B. Dodds, Hugo Sonnenschein
Michigan Law Review
Wilgus: Payment of Dividends Out of Capital of Corporations and the Nature of Treasury Stock; Wilgus: Duty of a Managing Director of a Corporation to an Individual Shareholder; Williams: Impairing Obligation of Contract with Foreign Corporations; Dodds: May a Legislature Pass an Act Allowing Actual Expenses to Circuit Judges Whose Salaries are Fixed by the State Constitution?; Sonnenschein: What Constitutes a Waiver by Implication of the Privilege of Confidential Communications Between Attorney and Client