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Articles 91 - 120 of 121
Full-Text Articles in Contracts
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Contracts In Washington, 1937-1957 (Part I), Warren L. Shattuck
Washington Law Review
Reliable information about trends, developments, and possible abberations in an area as extensive as contracts is difficult to achieve by reading advance sheets as they appear. The preparation of this article has been in part motivated by a desire to acquire such information, related to the Washington decisions of the twenty years just past. Another motivation has been reluctance to let die of inattention a project initiated in 1935 with the publication of the Washington Annotations to the Restatement of the Law of Contracts. Such annotations make the Restatement more useful, and provide ready access to the Washington cases for …
Contracts, Allan D. Loucks
Contracts, Allan D. Loucks
Washington Law Review
Covers cases on insurance contracts—breach by anticipatory repudiation and on third-party beneficiary contracts.
Contracts, John A. Hamill
Contracts, John A. Hamill
Washington Law Review
Covers cases on mutual assent—formation of construction subcontracts—use of subcontractor's bid as acceptance.
Washington Timber Deeds And Contracts, Ralph W. Johnson
Washington Timber Deeds And Contracts, Ralph W. Johnson
Articles
The law of Washington concerning the interests conveyed by timber deeds and contracts is foggy. Many vital questions are still totally unanswered, or have been left in confusion, by the cases in point. The principal area of doubt revolves around the question of whether standing timber, which has been sold separately from the land on which it stands, is realty or personalty. The answer is vital for many reasons. It determines whether a husband has power as manager of the community to convey community-owned timber without his wife's signature, which statute of frauds applies to a timber transaction, which recording …
Contracts, Donald H. Bond
Contracts, Donald H. Bond
Washington Law Review
Covers cases on: offer and acceptance—waiver of condition; integrated contracts; third-party beneficiary contracts—intent of promisee; and enforceability of bonus plans.
Consideration In Suretyship Contracts In Washington, Richard W. Bartke
Consideration In Suretyship Contracts In Washington, Richard W. Bartke
Washington Law Review
The suretyship relation is a specialized form of contract and in order to be enforceable must satisfy all the requirements of contract formation, one of which is consideration. If this were always kept in mind and the cases analysed on the basis of technical contract rules, much of the difficulties and confusion found in the area would disappear. However, because of the tripartite nature of the suretyship transaction and of the circumstance that, at least historically, the surety generally did not derive any direct economic benefit from the transaction, lending his name and credit for reasons of blood ties or …
Contracts, Richard W. Bartke
Contracts, Richard W. Bartke
Washington Law Review
Covers cases on quasi-contractual remedies in unjust enrichment, on illegal bargains, and on time of execution of a contract for a realtor's commission.
The Vendor-Purchaser Relationship In Washington, Stuart G. Oles
The Vendor-Purchaser Relationship In Washington, Stuart G. Oles
Washington Law Review
The persistence with which our court clings to the unfortunate language of the leading case of Ashford v. Reese has given rise to considerable confusion in the local practice. This comment is written with the hope that it may aid in dispelling that confusion. The overwhelming weight of authority in this country has been to the effect that the vendee under an executory contract to purchase land is the equitable owner. The early cases in this jurisdiction adhered closely to the prevailing view, which in essence simply states the eminently practical attitude that such a vendee has certain equities in …
A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin
A Reconciliation Of Priorities Under Executory Contracts For The Sale Of Land, Donald R. Colvin
Washington Law Review
Among the many complexities of modem business and financial life none is fraught with more intricacies than the utilization of credit. Economic exigencies have dictated that many must purchase without the immediate ability to pay. The seller, likewise, has evidenced an eagerness to sell and transfer the possession of his property upon the receipt of a promise that payment will be subsequently made at a specified date. Thus commerce thrives and the needs of the community are satisfied. It is, however, necessary that the seller receive some further assurance, some more reliable protection than the mere promise of the buyer …
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
The Doctrine Of Foakes V. Beer In Washington, Robert A. Purdue
Washington Law Review
Application of the rule to defeat discharge of a money debt by payment of a part, received by the creditor as full satisfaction, has been severely criticized. In this situation, two jurisdictions have abandoned the rule by decision, others by statute. The Washington decisions on the problem are not harmonious. 10 Although our court has followed Foakes v. Beer in a variety of situations, there are a number of money debt cases which circumvent the rule.
Recording Chattel Mortgages On Fixtures, Ross Reid
Recording Chattel Mortgages On Fixtures, Ross Reid
Washington Law Review
The scope of this comment is limited to the problem of the chattel mortgagee in assuring notice of his lien to those who subsequently purchase or encumber the realty. The situation of the conditional vendor has been simplified by a 1933 amendment to the conditional sales contract filing statutes which provide that where the chattel is to be attached to a building, in addition to being filed, the contract also must be indexed and recorded with real estate mortgages. However, since there are several factors which may make the use of a chattel mortgage more desirable than a conditional sales …
Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis
Applicability To Assignees Of Doctrine Of Practical Construction Of Contracts, James B. Howe, John M. Davis
Washington Law Review
The courts resort to established rules of interpretation for assistance in solving the doubts found in ambiguous contracts. The cardinal rule of interpretation is that the court must endeavor to ascertain and give effect to the intention of the parties to the contract at the time of the making of the contract. Intention can not be proved by direct and positive evidence. It is a question of fact to be proved "like any other fact, by acts, conduct and circumstances". Thus the issue, the intention of the parties to the contract at the time of the making of the contract, …
Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue
Does The Law Require A Useless Act? Parchen V. Rowley, Robert A. Purdue
Washington Law Review
Conditions, super-imposed upon the terms of a contract by law, present some complex problems. This comment aims to point out one small but important and recurrent factual situation in which proper argument and presentation are vital in order that the correct theory of action or defense may be accurately defined. We postulate a contract for the sale of land, S to convey upon final payment. Since the contract has fixed the same date for final payment and for conveyance, the law makes these promises dependent one upon the other through the operation of constructive conditions. Normally neither party can put …
The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley
The Written Acknowledgement: Its Effect On The Operation Of The Statute Of Limitations, Arthur S. Quigley
Washington Law Review
B owes A $100. Will an acknowledgment in writing that the debt is owed, by a statement such as "I owe you $100", containing no express promise to pay, toll the statute of limitations? If so, is the time at which the acknowledgment is made, i. e., before or after the statute has once run, significant? Williston states that the unqualified acknowledgment in writing of a present obligation to another, unaccompanied by any evidence showing a determination not to pay, contains the tacit or implied expression of a promise to pay; that a promise to pay is by implication of …
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Supplemental Washington Annotations, Restatement Of Contracts, Warren Shattuck
Washington Law Review
It is now nearly three years since the Washington Annotations to the Restatement of Contracts was published. During this interval several developments have taken place. The Contracts Restatement has received an ever-increasing recognition from both courts and practitioners throughout the country. Such recognition was perhaps inevitable in view of the eminence and ability of the men who formulated the propositions set out in the Restatement. It is the product of much labor, by Professor Williston and his fellow reporters, and by the distinguished judges, attorneys and teachers who constitute the American Law Institute. More particularly, recognition has progressed in Washington. …
Conditional Sales And Chattel Mortgages: Notice, Filing And Recordation, William F. Starr
Conditional Sales And Chattel Mortgages: Notice, Filing And Recordation, William F. Starr
Washington Law Review
No abstract provided.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers from Chapter 6, Contractual Rights of Persons Not Parties to the Contract, Section 136, Duties Created by a Promise to Discharge a Duty to Chapter 7, Assignment of Rights and Delegation of Duties or Conditions, Section 148, Limitations and Definitions Pecular to the Chapter.
Accord And Satisfaction In Washington [Part 2], Harold Shepherd, Warren Shattuck
Accord And Satisfaction In Washington [Part 2], Harold Shepherd, Warren Shattuck
Washington Law Review
In Plymouth, Rubber. Co. v. West Coast Rubber Co. the creditor was suing for an alleged balance due. The debtor's defense was based on his check, accepted and cashed by the creditor, for part of the account, plus tender of merchandise for the balance. The check was sent with a letter stating in effect that the debtor was unable to dispose of all the goods, purchase of which gave rise to the obligation in question, because the creditor had flooded the local market with inferior goods sold at a lesser price. "We are, therefore, compelled to return these Toesans for …
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers from Chapter 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Peformance, Section 124, Effect on Obligee's Rights of a Contract Not to Sue a Co-Promisor to Chapter 6, Contractual Rights of Persons Not Parties to the Contract, Section 135, Duties Created by a Gift Promise.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 5, Duties and Rights Where More Persons Than One Are Promisors or Promisees of the Same Performance, from Section 117, Duty of a Joint Promisor, Joinder of Compromisors to Section 123, Discharge of a Joint and Several Promisor.
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Accord And Satisfaction In Washington, Harold Shepherd, Warren Shattuck
Washington Law Review
Although the terms accord and satsfactioon are generally used in the conjunctive, they constitute distinct stages in the process of discharging a cause of action. The accord, in its technical sense, is a bilateral contract by the terms of which a creditor having a cause of action against a debtor promises to accept and the debtor promises to give something other than was originally due in discharge of the claim. Performance of the accord and its acceptance by the creditor constitute satisfaction. Generally the cause of action is not discharged until satisfaction, although there may be cases where discharge is …
Assumption Of Liability By Implication, Leo D. Bloch
Assumption Of Liability By Implication, Leo D. Bloch
Washington Law Review
In the case of the National Credit Company v. Casco Company, the plaintiff's assignor sold to the Avalon Theatre Company, defendant's lessee, a neon electric sign under a conditional sales contract. To secure rental payments, defendant secured from the Theatre Company, its lessee, a chattel mortgage on all the furniture and fixtures owned by the lessee located upon the premises. Upon default in payment, defendant foreclosed the mortgage and purchased at the foreclosure sale, defendant receiving from the sheriff a bill of sale of all the property covered by the chattel mortgage, including the neon sign. Subsequently, defendant leased the …
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers from Chapter 4, Formation of Formal Contracts, Section 95, Requirements for Sealed Contract to Chapter 5, Duties and Rights Where More Persons Than One Are Promisos or Promisees of the Same Performance, Section 116, Joint Indorsers.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 3, Formation of Informal Contracts from Section 84, Application of Rules to a Number of Special Cases to Section 94, Stipulations.
The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotatikons To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 3, Formation of Informal Contracts from Section 75, Definition of Consideration to Section 83, One Consideration May Support a Number of Promises.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter, 3, Formation of Informal Contracts, from Section 27, Auctions, Sales Without Reserve to Section 74, Time When and Place Where a Contract Is Made.
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
The American Law Institute's Restatement Of The Law Of Contracts With Annotations To The Washington Decisions, Committee Of Washington State Bar Association On Annotations To The Restatement Of The Law By The American Law Institute
Washington Law Review
Covers Chapter 1, Meaning of Terms; Chapter 2, Formation of Contracts—General Principles; and Chapter 3, Formation of Informal Contracts
Death As Affecting Officers And Agencies, Paul P. Ashley
Death As Affecting Officers And Agencies, Paul P. Ashley
Washington Law Review
Behind the law of offer and acceptance runs the theory, though in truth it is but a fiction, that contractual agreement is predicated upon a literal meeting of the minds of the contracting parties. Sine a dead mind cannot agree, it has with logic inevitably followed that an offer is eo instanti revoked upon the death of the offeror.
Warehouse Receipts As Collateral, Crawford M. Bishop
Warehouse Receipts As Collateral, Crawford M. Bishop
Washington Law Review
A warehouse receipt is a contract, delivery of which carries constructive possession and often title to the goods represented thereby. The common law receipt was not negotiable but rather assignable as any other contract. The delivery of the receipt represented the delivery of the goods, and operated to vest in the assignee the same title as would be vested by an actual transfer of the goods themselves coupled with a similar agreement. "At common law a valid assignment could be made without indorsement by a mere delivery of the receipt, with intent to pass title to the goods. And, statutes …
Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining
Contracts Not To Be Performed Within A Year Under Statute Of Frauds In Washington, J. Orrin Vining
Washington Law Review
The statute of frauds in Washington, states that in certain specified cases an agreement, contract and promise shall be void unless the same or some note or memorandum thereof be in writing and signed by the party to be charged therewith. By subdivision I this provision extends to every agreement that by its terms is not to be performed in one year from the making thereof. Two recent decisions of our Supreme Court have gone into an extended interpretation of this subdivision regarding two troublesome questions of law arising thereunder. The first of these questions is: What is the test …