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Articles 571 - 600 of 1067

Full-Text Articles in Contracts

Contracts - Measure Of Damages For Anticipatory Breach Of Contract For Future Delivery Of Goods Having A Futures Market, Ralph E. Helper Nov 1939

Contracts - Measure Of Damages For Anticipatory Breach Of Contract For Future Delivery Of Goods Having A Futures Market, Ralph E. Helper

Michigan Law Review

Defendant agreed to buy part of plaintiff's annual crop of hops for three years. Several months before the first delivery was due, defendant repudiated. Held, the measure of damages was the difference between the contract price and the market price at the time of repudiation, rather than at the times delivery was called for in the contract. Renner Co. v. McNeff Bros., (C. C. A. 6th, 1939) 102 F. (2d) 664.

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Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare Jun 1939

Bankruptcy - Corporate Reorganization - Validity Of Process Outside Territorial Confines Of Federal District Court, Edmund O'Hare

Michigan Law Review

Debtor corporation had contracted with defendant, operator of a retail store, whereby defendant agreed to sell debtor's products exclusively and to buy all of his supplies from debtor. While debtor was in the course of section 77 B reorganization proceedings, defendant refused to continue to comply with the contract, Defendant resided and did business in the same state and federal judicial circuit in which the reorganization court was located, but not within the territorial confines of the court, nor was process served upon defendant within the court's territorial jurisdiction. Debtor moved for specific performance of the contract. Held, debtor's …

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Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman May 1939

Contracts - Anticipatory Breach - Right To Recover In Advance On A Unilateral Obligation To Pay Money, John M. Ulman

Michigan Law Review

Plaintiff brought suit on an accident insurance policy. He alleged that the defendant insurer wholly repudiated the policy and informed plaintiff that it would not in any event pay him the monthly indemnity according to the terms of the policy even though a doctor of its own choice advised that the plaintiff was permanently disabled. Held, that under the Texas law, when one who is obligated by contract to make money payments to another absolutely repudiates and abandons the obligation without just excuse, the obligee is entitled to maintain his action in damages at once for the entire breach. …

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Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts Apr 1939

Principal And Agent - Liability Of Agent On A Written Contract In His Own Name, Henry L. Pitts

Michigan Law Review

The plaintiff, a football coach, entered into a written contract with the defendant whereby the plaintiff was employed to act as coach and director of athletics for a period of ten years at any college in the city of New Orleans designated by the defendant. In the event of non-employment of the plaintiff by any of such colleges, the plaintiff was to advise the defendant in any athletic matters with which the defendant might be concerned. The defendant covenanted to pay a stipulated salary. In pursuance of this contract, the plaintiff served as coach at Loyola University in New Orleans …

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Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson Apr 1939

Sales - Implied Warranties Running To Ultimate Consumer - Is Privity Of Contract Necessary?, William K. Jackson

Michigan Law Review

Plaintiff's husband purchased from defendant, a large retailer, minced ham and liverwurst manufactured by another concern. Plaintiff with other members of the family became ill after eating the liverwurst. An appeal was taken from a directed verdict for defendant. Held, when food is sold, there is no implied warranty of wholesomeness running from the retailer to the ultimate consumer; for the remedy is based on contract and limited to parties and privies thereto. Borucki v. MacKenzie Bros. Co., Inc., (Conn. 1938) 3 A. (2d) 224.

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Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr. Mar 1939

Contracts - Consideration - The Rule Of Foakes V. Beer Discarded, Arthur A. Greene Jr.

Michigan Law Review

In an action on a promissory note, by an indorsee who was not a holder in due course, the defendant pleaded the following facts. In 1930 the payee held the promissory note of the defendant, who was known to be hopelessly insolvent. An agreement was thereupon made and executed between the payee, the plaintiff and defendant, whereby the plaintiff agreed to purchase the note from the payee in exchange for his automobile. The defendant in turn agreed to turn over to the plaintiff certain livestock or produce, to pay a certain balance in cash, and also to pay the license …

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The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr. Mar 1939

The Legal Significance Of Labor Contracts Under The National Labor Relations Act, William Gorham Rice Jr.

Michigan Law Review

The National Labor Relations Act was passed, as it declares in its first section, to encourage "the practice and procedure of collective bargaining'' and to give workers freedom to designate "representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment"; and the last of the unfair labor practices named in section 8 is for an employer "to refuse to bargain collectively." Bargaining and negotiating, the National Labor Relations Board has repeatedly declared, must be done in good faith. Discussion is not true negotiation or bargaining. For the employer to bargain in good faith …

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Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud Mar 1939

Contracts -- Right Of A Physician To Recover On An Implied-In-Fact Contract, Seward R. Stroud

Michigan Law Review

At one time, under the Roman civil law, neither a physician nor an advocate could recover in an ordinary action at law for services rendered. The philosophical interpretation put upon such services was that, each case being sui generis both as to the value of the service to the patient and as to the skill and attainment required of the physician, a fixed and invariable salary could not be predicated upon this basis and therefore the compensation must depend upon the case. This compensation was not a matter of right but a gratuity or honorarium, as it was called, paid …

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Contracts - Third Party Beneficiary - Right Of Promisor To Set Off Claim Againt Promisee In A Suit By Beneficiary, Arthur A. Greene Jr. Mar 1939

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 …

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Statute Of Frauds - Estoppel At Law As A Substitute For Part Performance In Equity, John M. Ulman Feb 1939

Statute Of Frauds - Estoppel At Law As A Substitute For Part Performance In Equity, John M. Ulman

Michigan Law Review

In 1930, plaintiff, as administratrix, mortgaged real estate to defendant. In 1933, plaintiff acquiesced in a foreclosure by defendant in pursuance of an oral agreement between the parties whereby it was understood that defendant would convey the land to plaintiff individually to hold for herself and others, plaintiff to give to defendant another mortgage for the same amount and to pay the costs. Defendant obtained title by foreclosure in March, 1934. Extensive repairs and improvements were made by plaintiff between September, 1934 and the spring of 1935. In October, 1934, defendant gave notice to plaintiff that it would not be …

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Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher Feb 1939

Contracts - Restraint Of Trade - Legality Of Covenant Restricting Use Of Land By The Purchaser Where No Goodwill Transferred, Thomas K. Fisher

Michigan Law Review

Defendants' intestate, who owned large interests in two lime companies operating in Washington and California, entered into a contract for the sale of a tract of land to plaintiff's predecessor in title. The contract contained a restrictive covenant to the effect that the grantee, or those claiming under him, would not use any of the limerock in said land for the purpose of making lime. Subsequently the grantor died, and the conveyance and execution of a deed, which included within its provisions the restrictive covenant, were made by the administrator of grantor's estate, pursuant to court order. Plaintiff brought an …

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Contracts - Assignment Of A Debt Arising Under A Contract To Be Made In The Future, Stanton J. Schuman Jan 1939

Contracts - Assignment Of A Debt Arising Under A Contract To Be Made In The Future, Stanton J. Schuman

Michigan Law Review

The M Milk Co. was negotiating a sale of its business to the defendant, who did not want to purchase the business unless M Co. could deliver the personal property free of incumbrances. G, who held a mortgage on these properties, was present at the first negotiations between M Co. and the defendant, and at this time he released his mortgage in consideration of an assignment to him by M Co. of all the debts now due or to become due to it. Shortly thereafter a sale of the property was negotiated to the defendant, the result of which …

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Contracts - Illegality - Right Of Surety Of Bank Officer To Recover Embezzled Bank Funds Lost In Gambling, James W. Mehaffy Jan 1939

Contracts - Illegality - Right Of Surety Of Bank Officer To Recover Embezzled Bank Funds Lost In Gambling, James W. Mehaffy

Michigan Law Review

A, president of B bank in South Dakota, embezzled funds which he used in trading in grain futures with D, a broker. Neither A nor D intended any actual delivery of the grain. P, surety for A, after having paid the bank for A's defalcation, sued D to recover the money A lost. Held, P can recover. Burke Grain Co. v. St. Paul-Mercury Indemnity Co., (C. C. A. 8th, 1938) 94 F. (2d) 458.

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Fixtures - Uniform Conditional Sales Act - Interpretation Of The Word "Freehold", Robert E. Sipes Jan 1939

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.

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Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio Nov 1938

Torts - Unfair Competition - Preventing Formation Of Contract, Anthony L. Dividio

Michigan Law Review

The Supreme Court of Minnesota was recently confronted with an interesting problem in the case of Johnson v. Gustafson. Real property was listed by the owner with the plaintiff, a real estate broker, who was to receive a $300 commission if she found a purchaser therefor. The plaintiff interested one Clarity in the property, but no offer to purchase was made. Desiring the property but being unwilling to pay the full price of $6,000, Clarity induced his friend Gustafson to purchase it for $5,700 with Clarity's money, directly from the owner, who had a right to sell it himself …

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Contracts - Consideration - Dealers' Contracts, Richard S. Brawerman Nov 1938

Contracts - Consideration - Dealers' Contracts, Richard S. Brawerman

Michigan Law Review

Defendant manufacturer, reserving the right to sell to enumerated persons, granted plaintiff dealer a franchise to sell certain of defendant's products in a defined territory. Plaintiff in turn promised to establish a place of business and develop the territory to the satisfaction of defendant. All orders received by defendant were to be subject to acceptance by defendant; defendant agreed to fill accepted orders as promptly as practicable; and plaintiff expressly released defendant from liability for loss or damage arising from failure of defendant to fill the plaintiff's orders. A clause, originally part of the agreement, allowing either party to cancel …

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Contracts - Illegality - Recovery By Party Not Licensed As Statute Requires, Seward R. Stroud Nov 1938

Contracts - Illegality - Recovery By Party Not Licensed As Statute Requires, Seward R. Stroud

Michigan Law Review

P, an unlicensed milk dealer, sold milk to D, also a milk dealer. By statute it was made unlawful for a milk dealer "to buy milk or sell milk to a milk dealer who is unlicensed," and violations were made a misdemeanor punishable by .fine and/ or imprisonment. P sued to recover the contract price of milk delivered and D set up counterclaims for breach of contract and overpayment, and asserted that P was barred from recovery, since he had failed to obtain a license. Held, P was not barred from recovery by failure to obtain license. …

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Wills - Conveyances Conditioned On Grantor's Death - Contracts For Posthumous Performance, Charles Haines Jr. Nov 1938

Wills - Conveyances Conditioned On Grantor's Death - Contracts For Posthumous Performance, Charles Haines Jr.

Michigan Law Review

By an instrument entitled a lease, the owner of a country estate agreed with the Y.M.C.A. that the latter should have a lease of the land for his life in consideration of the payment of taxes and the maintenance and improvement of a boys' camp on the premises. Further, if at his death the lease were in good standing (a right of entry for condition broken having been reserved), then the Y.M.C.A. was to receive full title to the land. Pursuant to the agreement the camp was operated, and at the lessor's death the Y.M.C.A. was in possession in good …

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Vendor And Purchaser - Right Of Vendor's Assignee To Specific Performance Where Contract Calls For Warranty Deed, Daniel Hodgman Nov 1938

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 …

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Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review May 1938

Contracts - Effect Of Fail Ure Of Performance In An Aleatory Contract, Michigan Law Review

Michigan Law Review

Plaintiff held a note of defendant's husband, long overdue. Defendant promised to guarantee payment of her husband's note, in consideration of plaintiff's promise to lend her money. Thereafter plaintiff, in breach of its promise, refused defendant a loan. Defendant immediately repudiated the contract. Plaintiff sued on the contract to recover the amount of the note with interest. Held, the promises were dependent; plaintiff's refusal to make the loan was a material breach of its promise, and excused defendant from further performance under the contract. People's Trust & Savings Bank v. Wassersteen, (Wis. 1937) 276 N. W. 330.

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Contracts - Assignments - Sufficiency Of Notice To A Bank Of The Assignment Of An Account, Michigan Law Review May 1938

Contracts - Assignments - Sufficiency Of Notice To A Bank Of The Assignment Of An Account, Michigan Law Review

Michigan Law Review

On March 25, 1933 an account in D Bank was assigned to P. A week later the bank received from P a formal statement of the assignment, which the bank totally ignored for nine months. In the meantime the bank debited the account for the price of thirty shares of its stock which the depositor-assignor bought in October. On January 2, 1934, D Bank acknowledged receipt of the letter of notice, but denied any liability to P thereunder. In a suit brought by P for the account, the only question was the right of D Bank to take the …

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Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis May 1938

Constitutional Law - Act Changing Pensions - Impairing Obligation Of Contracts - Due Process, Bertram H. Lebeis

Michigan Law Review

An Illinois statute provided for the compulsory retirement of teachers at the age of seventy with an annuity of $1500 a year for life, and an amendment thereto granted annuities on a sliding scale from $1000 to $1500 a year to teachers voluntarily retiring between the ages of sixty-five and seventy. These provisions were changed by an act of 1935 which abolished the provisions for voluntary retirement and .fixed compulsory retirement at the age of sixty-five, with annuities reduced to a flat rate of $500 annually. Plaintiffs, who either had retired or were eligible for retirement at the time the …

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Associations - Massachusetts Trusts - Personal Liability Of Trustees On Contracts, Michigan Law Review May 1938

Associations - Massachusetts Trusts - Personal Liability Of Trustees On Contracts, Michigan Law Review

Michigan Law Review

The trustees of a business trust, by their agent, accepted seven trade acceptances in which there was no stipulation against the personal liability of the trustees. The trust instrument under which the business was operating provided that the trustees were to be under no "personal obligation or liability of any kind," and that all having transactions with the trustees are put on notice that no trustee or subscriber is personally liable, and further, that in all contracts made by the trustees, "specific mention shall be made therein of this trust to the end that any and all parties must look …

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Contracts - Moral Obligation As Consideration - Promise To Pay For Benefits Previously Received, Michigan Law Review Apr 1938

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 …

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Corporations - Validity Of Contract Executed During Suspension Of Charter For Failure To File Proper Annual Report - Effect Of Innocent Mistake, Ralph Winkler Apr 1938

Corporations - Validity Of Contract Executed During Suspension Of Charter For Failure To File Proper Annual Report - Effect Of Innocent Mistake, Ralph Winkler

Michigan Law Review

A Virginia statute, providing that foreign corporations desiring to carry on intrastate business there must pay an entrance fee graduated according to authorized capital stock, imposed on plaintiff a fee of $5,000. Only two-thirds of plaintiff's authorized stock was issued. A considerable amount of its assets were used in interstate commerce, though the sum invested in Virginia was negligible. Plaintiff contended that such an entrance fee burdened interstate commerce because measured by property used in interstate commerce, that it denied due process because measured by property without the state, and that it denied equal protection of the laws becaused measured …

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Contracts - Acceptance By Mistake, Michigan Law Review Apr 1938

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 …

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Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey Mar 1938

Specific Performance - Injunctions To Enforce Negative Covenants In Contracts For Personal Services, Benjamin H. Dewey

Michigan Law Review

Plaintiff entered into a contract with defendant in which defendant agreed to participate in a boxing match with the then heavyweight champion of the world. The contract also provided that if the defendant won the bout and himself became heavyweight champion he would render his services as a boxer in his first boxing contest thereafter, in defense of his title, under plaintiff's auspices. The contract further provided that defendant was to engage in no other boxing contests in which a decision was rendered prior to such championship bout, without the written consent of the plaintiff. Subsequently, three amendatory contracts were …

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Carriers Distinction Between Common Carriers And Contract Carriers, Marcus L. Plant Mar 1938

Carriers Distinction Between Common Carriers And Contract Carriers, Marcus L. Plant

Michigan Law Review

In the recent case of Ace-High Dresses, Inc. v. J.C. Trucking Co., the defendant was a corporation organized for the purpose of doing a general trucking business. At the time of the suit it was operating under separate contracts with five dressmaking establishments, one of which was the plaintiff. Under these contracts the defendant trucked dress goods every day except Sunday. The goods were taken on in New York, carried to New Haven, Hartford or Bridgeport, left there until processed, and then taken back to New York. The defendant's drivers had keys to the factories of the processors, entered …

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Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman Mar 1938

Contracts - Illegality - Enforcement Of Contract Declared "Invalid" By Statute, Amos J. Coffman

Michigan Law Review

Plaintiff was injured while in the employ of defendant. Thereupon the defendant agreed to give the plaintiff employment for life if he would not prosecute the claim before the State Industrial Commission. After thirteen years plaintiff was summarily discharged. The time having elapsed for filing a claim with the Industrial Commission, he brought this action for breach of contract. Statutes of Oklahoma provide that no agreement to waive the right to compensation shall be valid and that claims shall not be released. The lower court awarded plaintiff $3,000 damages. Defendant appealed. Held, the rule that invalid contracts will not …

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Corporations - Corporate Seal - When Affixing Seal Makes The Instrument A Specialty, Edward D. Ransom Mar 1938

Corporations - Corporate Seal - When Affixing Seal Makes The Instrument A Specialty, Edward D. Ransom

Michigan Law Review

The plaintiff contracted to buy gasoline from a subsidiary of the defendant. The lengthy contract was signed at the end by the proper officers and in juxtaposition to the signatures were the corporate seals of both parties. The contract contained a recital of sealing. On a separate page, but attached to the contract, was a guaranty by the defendant of the subsidiary's performance. This also was sealed with the corporate seals of both parties adjacent to the signatures of the officers. No mention of sealing was contained in the guaranty. On default by the subsidiary, the plaintiff sued on the …

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