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Articles 301 - 330 of 1067

Full-Text Articles in Contracts

Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller Jun 1959

Wills - Contract To Devise - Rights Of Subsequent Spouse With Notice Of Prior Contract At Time Of Marriage, Glenn O. Fuller

Michigan Law Review

Decedent and his first wife executed reciprocal wills pursuant to a contract appearing on the face of the instruments. Each gave the other a life estate, with remainders to substantially identical beneficiaries. After his first wife's death, decedent remarried and in an antenuptial contract agreed to bequeath a sum of money to his second wife in lieu of all her claims against his estate. The second wife had actual notice of the prior agreement at the time of their marriage. Decedent then executed a new will which expressly revoked all prior wills, confirmed the terms of the antenuptial contract, and …

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Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed. May 1959

Mental Illness And The Law Of Contracts, Robert M. Brucken S.Ed., David L. Genger S.Ed., Denis T. Rice S.Ed., Mark Shaevsky S.Ed., William R. Slye S.Ed., Robert P. Volpe S.Ed.

Michigan Law Review

The traditional and most important problem relative to mental illness and the contract is the situation created when mental illness exists at the time of agreement (the problem of contractual capacity). One principal result of mental illness at this time may be the avoidance of the contract by the mentally ill person. Since case law in this area is extensive, the major portion of the study is concerned with this problem (parts II, III and IV) and the effects of such incapacity throughout the remaining course of the contract. Mental illness occurring after agreement and at the time of performance …

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The Law Of The Collective Agreement, Charles O. Gregory Mar 1959

The Law Of The Collective Agreement, Charles O. Gregory

Michigan Law Review

The Wagner Act contained no law governing collective agreements. Congress left their enforcement to the state and federal courts under the miserable body of common-law rules. Under various theories the courts worried about consideration, mutuality of obligation, duress and public policy aspects as if they were dealing with conventional contracts.

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Contracts - Statute Of Frauds - Effect On Oral Exclusive Distributorship Agreement For Indefinite Duration, Robert Segar Mar 1959

Contracts - Statute Of Frauds - Effect On Oral Exclusive Distributorship Agreement For Indefinite Duration, Robert Segar

Michigan Law Review

In 1935 plaintiff brewery made an oral agreement of no definite duration by which defendant and his father, as partners, were given the exclusive right to distribute its beer. Defendant, changing from one partnership to another, complied with various wishes of the plaintiff such as furnishing warehousing, purchasing uniform amounts of beer throughout the year although seasonal demands varied, dissolving the second partnership in 1950, discontinuing distribution of a rival beer in 1954, and hiring a sales promotion man in June 1954; the latter three actions taken on plaintiff's assurance that he would continue defendant's distributorship. In July 1954 plaintiff, …

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Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney Feb 1959

Marine Insurance And The Substantive Admiralty Law A Comment On The Wilburn Boat Company Case, Brunson Macchesney

Michigan Law Review

At the invitation of the editors, Professor MacChesney undertook to write this article especially for the memorial issue as a tribute to Professor Durfee, his former teacher.

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Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood Feb 1959

Administrative Law - Procedure - Primary Jurisdiction To Determine Illegality Of Contract Under Shipping Act, Stephen B. Flood

Michigan Law Review

Plaintiff, an independent shipper, sought review of a Federal Maritime Board order approving under section 15 of the Shipping Act an association's dual-rate contract system found to be "a necessary competitive measure to offset the effect of non-conference competition." The court pf appeals set aside the Board's order on grounds that the system was prohibited by section 14 Third of the same act. On certiorari to the United States Supreme Court, held, affirmed, three justices dissenting. A dual-rate contract system found by the FMB to be designed to meet outside competition is a "resort to other discriminatory or unfair …

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Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly Jan 1959

Labor Law - Arbitration - Power Of Arbitrator To Enjoin Union From Continuing Slowdown, Lawrence M. Kelly

Michigan Law Review

An arbitrator, acting under a collective bargaining agreement which called for a "speedy arbitration" procedure, issued an award enjoining the unions from continuing a slowdown in violation of that clause of the agreement forbidding strikes, lockouts, and slowdowns. A Supreme Court order granted the employers' motion to confirm the award and overruled the unions' cross motion to vacate. The unions claimed that the arbitrator, in issuing the injunction, had exceeded the powers granted him under the agreement and had acted contrary to section 876a of the Civil Practice Act (the New York Anti-Injunction Act). The Appellate Division affirmed the order …

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Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed. Dec 1958

Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.

Michigan Law Review

In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …

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Sales - Credit Sales - Application Of Usury Statute, Jerome S. Traum S.Ed. Dec 1958

Sales - Credit Sales - Application Of Usury Statute, Jerome S. Traum S.Ed.

Michigan Law Review

Plaintiff bought a tractor from defendant's agent for $2950 and received a trade-in allowance of $1180, leaving an unpaid balance of $1770. Defendant's agent agreed to arrange for a loan from defendant for the balance of the purchase price, without stating a time price for the tractor different from the cash price previously discussed. The loan was made, and plaintiff signed a note and chattel mortgage in the amount of $2161.84, payable in two annual installments. The $391.84 excess over the balance due exceeded the maximum legal rate of interest allowed by Nebraska's Installment Loan Act. Plaintiff later sued in …

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Restitution - Availabilty As An Alternative Remedy Where Plaintiff Has Fully Performed A Contract To Provide Goods Or Services, Jerome K. Walsh Jr. Dec 1958

Restitution - Availabilty As An Alternative Remedy Where Plaintiff Has Fully Performed A Contract To Provide Goods Or Services, Jerome K. Walsh Jr.

Michigan Law Review

It is hornbook law that restitution is sometimes available as an alternative remedy to a party who has suffered a breach of contract after having conferred a benefit on the defaulting party. It is equally clear, however, that in many cases where a benefit has been conferred, the plaintiff may not elect to sue for the value of his performance but is left to his action for damages on the contract. The cases which are concerned with one or the other of the above rules constitute a large portion of the area of the law called Restitution, and no attempt …

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The Legal Nature Of Collective Bargaining Agreements, Archibald Cox Nov 1958

The Legal Nature Of Collective Bargaining Agreements, Archibald Cox

Michigan Law Review

One reflecting upon the legal nature of a collective bargaining agreement can hardly avoid beginning with the thought that the institution has flourished outside of the courts and administrative agencies and often in the face of legal interference. The law had fallen into disrepute in the world of labor relations because it failed to meet the needs of men. Collective bargaining agreements were negotiated and administered without regard to conventional legal sanctions. Grievance procedures and arbitration evolved into an intricate and highly organized, private judicature. Many experienced and perceptive observers argued that the conventional sanctions for commercial contracts should not …

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Taxation - Federal Income Tax - Proceeds From Cancellation Of Contract Treated As Ordinary Income, Jerome B. Libin S.Ed. Jun 1958

Taxation - Federal Income Tax - Proceeds From Cancellation Of Contract Treated As Ordinary Income, Jerome B. Libin S.Ed.

Michigan Law Review

Taxpayer had the exclusive right for a period of ten years to purchase all the coal mined by the operator of certain mines. In 1949 the operator paid taxpayer $500,000 as consideration for the complete acquisition of taxpayer's right and interest in the purchase agreement. Taxpayer reported this sum as a long-term capital gain. The Commissioner claimed that the amount received was ordinary income. The Tax Court upheld taxpayer's contention, indicating that the transaction had resulted in the sale or exchange of a capital asset. On appeal by the Commissioner, held, reversed, one justice dissenting. This transaction was more …

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Bills And Notes - Indorsements - Effect Of Contemporaneous Agreement On The Indorsement Contract, W. Stanley Walch May 1958

Bills And Notes - Indorsements - Effect Of Contemporaneous Agreement On The Indorsement Contract, W. Stanley Walch

Michigan Law Review

Plaintiff, payee of a promissory note, indorsed and negotiated the note to the defendant bank. Attached to the note was a separate agreement of assignment and warranty in which the plaintiff assigned the note and a conditional sales contract to defendant, and further agreed to repurchase the note if any of the warranties in the contemporaneous agreement were breached. The maker of the note defaulted and defendant, after due presentment and notice, debited plaintiff's account for the face amount of the note. Plaintiff brought suit to recover the money from defendant on the theory that the contemporaneous agreement had qualified …

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Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall Apr 1958

Municipal Corporations - Contracts - Ratification And Estoppel In Contracts Made By Unauthorized Agent, Edward M. Heppenstall

Michigan Law Review

Plaintiff's infant daughter, admitted to Newark City Hospital as an emergency case, received hospitalization and medical treatment worth $1,190 during her seventy-day period of confinement. The medical director of the hospital had made an agreement with the Hospital Service Plan of New Jersey which provided that regardless of the amount or quality of the hospitalization required, payment of the flat sum of $100 for any subscriber-patient would constitute payment in full to the city. The city accepted the $100 check paid by the Plan as billed by the hospital for the care of the child. In order to facilitate settlement …

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Contracts - Offer And Acceptance - Newspaper Advertisement As Offer To Sell, Theodore G. Koerner Apr 1958

Contracts - Offer And Acceptance - Newspaper Advertisement As Offer To Sell, Theodore G. Koerner

Michigan Law Review

Defendant store published two newspaper advertisements offering for sale on successive Saturdays limited numbers of fur pieces for one dollar, "first come, first served." The initial advertisement offered three new fur coats "worth to $100"; the second, inter alia, one black lapin stole "worth $139.50." Plaintiff was the first person to appear at the appropriate counter on both days, but defendant each time refused to sell him the advertised furs, asserting a "house rule" that such offers could be accepted only by women. Plaintiff sued for contract damages. As to the offer of the coats "worth to $100," the trial …

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Oil And Gas - Construction Of Lease-Dry Hole And Cessation Of Production Clause, James L. Burton Mar 1958

Oil And Gas - Construction Of Lease-Dry Hole And Cessation Of Production Clause, James L. Burton

Michigan Law Review

Newman Brothers Drilling Company obtained an oil and gas lease on land subject to a prior lease held by Stanolind Oil and Gas Company and under which a well commenced within the primary term had been completed as a dry hole after the expiration of the primary term. Forty-nine days after completion of the dry hole Stanolind commenced and completed a second well as a producer. Upon suit by Newman in trespass to try title and for declaratory judgment the court of civil appeals, reversing the trial court, held that the lease under which Stanolind claimed had terminated with the …

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Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall Mar 1958

Atomic Energy - Uranium Procurement - Legal Aspects Of The Aec Domestic Ore Purchase Program, Michael Scott S.Ed., Edward M. Heppenstall

Michigan Law Review

The federal government's domestic uranium ore procurement program, initially announced following World War II to ensure maximum exploration and development for military purposes, has met with extraordinary success. So improved is this country's military uranium picture that the Atomic Energy Commission was recently able to announce that uranium concentrate purchases would not be further increased. This announcement is viewed as a matter .of serious concern by the domestic ore producer, who must continue to look to the federal government as his sole market; a noticeable private market for peaceful uses of atomic energy fuels may not be realized for more …

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Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed. Feb 1958

Insurance - Recovery - Delay Of Insurance Company In Rejecting Application For Insurance, Harry D. Krause S.Ed.

Michigan Law Review

Plaintiff, designated as beneficiary by deceased life insurance applicant, sued defendant life insurance company in assumpsit. Deceased, a combat pilot in the Korean War, had applied for one of defendant's policies, passed the medical examination, and made several premium payments on the policy. After the applicant was killed in combat defendant refused payment, contending that it had never accepted the risk but that it had responded to the application with a counter offer containing an aviation waiver. Because of ·the applicant's frequent change of address and his early death this proposal had never been communicated to him. On appeal from …

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Williston: A Treatise On The Law Of Contracts, Collins J. Seitz Feb 1958

Williston: A Treatise On The Law Of Contracts, Collins J. Seitz

Michigan Law Review

A Review of A Treatise on the Law of Contracts. By Samuel Williston.

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Contracts - Statute Of Frauds - Signature Applicable To Only Part Of A Memorandum, George R. Haydon Jr. Jan 1958

Contracts - Statute Of Frauds - Signature Applicable To Only Part Of A Memorandum, George R. Haydon Jr.

Michigan Law Review

Plaintiff buyer sought specific performance of an alleged contract for the sale of real estate. The instrument, denominated "deposit receipt," acknowledged receipt of the deposit, and then set forth the terms of the trade. This was signed "By Raymond Asmar," the alleged agent of the seller, in the place where the broker normally signs. Following this were two provisions. One, signed by plaintiff, stated that he agreed to purchase the property and that he confirmed the contract. A similar provision immediately following was not signed by defendant seller. The district court dismissed for failure to state a claim on which …

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Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner Jan 1958

Contracts - Damages - Punitive Damages Awarded For Breach Accompanied By Fraudulent Act, Theodore G. Koerner

Michigan Law Review

Defendants contracted to purchase a crop of alfalfa from plaintiff, harvesting and processing to be done by defendants and payment to be ascertained according to the processed weight of the alfalfa. When defendants harvested the entire crop but failed to pay for the major part of it, plaintiff brought action for breach of contract. In addition to the non-payment, plaintiff alleged fraud on defendants' part in falsifying weight records and in otherwise scheming to cheat and defraud him. On defendants' appeal from a judgment including both compensatory and punitive damages, held, affirmed. Although punitive damages are not ordinarily recoverable …

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Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams Jan 1958

Corporations - Officers And Directors - Indemnification Of Expenses Incurred In Defense Of Contract Of Employment, John P. Williams

Michigan Law Review

Plaintiff, Sorenson, contracted with defendant, Overland Corporation, to become one of its directors, and the contract was approved by Overland's stockholders. After he began to serve as a director, Sorenson was made a party defendant to a stockholder's derivative suit attacking the propriety of his contract of employment with Overland. The derivative suit terminated in favor of Sorenson and he then brought an action for reimbursement of the counsel fees incurred by him in defending the stockholder's action. Plaintiff's action was under a corporate by-law providing that the corporation shall indemnify directors and officers against expenses incurred by them in …

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Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams Dec 1957

Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams

Michigan Law Review

More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …

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Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner Jun 1957

Corporations - Officers And Directors - Liability For Inducing A Corporation To Breach Its Contracts, William H. Leighner

Michigan Law Review

Plaintiff real estate company brought suit against the directors of a corporation and other third persons for an alleged conspiracy to induce the corporation to breach its contract with plaintiff. The complaint alleged that the corporation had entered into an agreement whereby plaintiff was to procure a purchaser for certain premises owned by the corporation and that plaintiff had found a purchaser; that before a written offer could be obtained, the corporation contracted to sell to another broker who was to be used as a conduit to transfer title to the purchaser found by the plaintiff, and who was to …

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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 Jun 1957

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 …

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Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed. Jun 1957

Agency - Liability Of Principal For Termination Of Agents Employment, William G. Mateer S.Ed.

Michigan Law Review

In the summer of 1949, appellant entered into an oral contract for an indefinite time with the appellee whereby the former was granted an exclusive wholesale distributorship of appellee's farm and garden equipment. A four-year period followed in which appellant increased the number of dealers in appellee's product from four or five in 1949 to over one hundred in 1953. In the latter part of 1952 appellant contemplated an enlargement of its facilities which would require it to enter upon a fifteen-year lease. Since the lessor desired some assurances as to the duration of appellant's franchise, appellant wrote to appellee …

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Wills - Lapse Of A Residuary Gift, Phillip Jacobus Jun 1957

Wills - Lapse Of A Residuary Gift, Phillip Jacobus

Michigan Law Review

Testatrix left a will containing the following bequest: ". . . I give, devise and bequeath to my brothers and sisters, A, B, C, D and the children of E (naming them), and F and G, all the ... residue ... of my Estate ... both real and personal of whatsoever kind . . . and wherever situated should be sold and distributed in equal share, share and share alike .... " G died before the testatrix, and her share lapsed. The trial court held that G's share passed as intestate property of the testatrix. On appeal, held, …

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Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman May 1957

Labor Law - Labor-Management Relations Act - Strike During Life Of Contract Under A Reopening Provision, Dudley Chapman

Michigan Law Review

A collective bargaining agreement between Lion Oil Company and the union provided that if either party should desire to amend, notice should be served on the other, but not before August 24, 1951. The contract could be terminated by giving sixty days notice to terminate if agreement could not be reached within the sixty days following notice to amend. The contract did not contain a no-strike clause. The union gave notice on August 24, 1951 of its desire to amend, and having reached no agreement, struck on April 30, 1952 without having served notice to terminate. Both parties agreed that …

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Real Property - Landlord And Tenant - Lessor's Arbitrary Withholding Of Consent To Sublease, William G. Mateer S.Ed. May 1957

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 …

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Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed. Apr 1957

Creditor's Rights - Fraudulent Conveyances - Security Assignment Of Contract Payments Void If Assignor Retains Control, John A. Beach S.Ed.

Michigan Law Review

An insolvent debtor, who owed some $3,500 on plaintiff's partially-collected judgment, executed an instrument assigning to another creditor, a bank, all moneys due and to become due to the debtor under an existing contract, expressly as security for payment of the debtor's present and future indebtedness to the bank. The contract obligor was notified of the assignment, and thereafter the bank collected the amounts periodically accruing under the contract. The bank applied part of these collected amounts to the balance that the debtor owed the bank. The rest was either handed over to the debtor or credited to his general …

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