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Michigan Law Review

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Articles 451 - 480 of 846

Full-Text Articles in Contracts

Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr. May 1937

Quasi-Contracts - Use And Occupation - Recovery Of Benefits Received By A Trespasser, Walter Probst Jr.

Michigan Law Review

The defendant had discovered and developed by considerable advertising the Great Onyx Cave in Kentucky. After a survey ordered in an earlier equity proceeding it was discovered that one-third of the cave was under plaintiff's land. The only opening was upon defendant's land. Through this opening had entered a large number of visitors who had paid the defendant admission fees for the privilege. Held, plaintiff could recover in assumpsit one-third of the net profits earned by the defendant from the cave. Edwards v. Lee's Admr., (Ky. 1936) 96 S. W. (2d) 1028.

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Gratuitous Promises-A New Writ?, Warren L. Shattuck Apr 1937

Gratuitous Promises-A New Writ?, Warren L. Shattuck

Michigan Law Review

Under the early common law, the fact situations which presented actionable wrongs were limited in number and stereotyped into various writs which issued from the Lord Chancellor. Only as new writs were devised by him was it possible for new fact situations to achieve the dignity of justiciability and so raise legal rights and duties. But with the liberalization of pleading the recognition of new legal rights and duties became a judicial function. In consequence, the constant struggle of new fact patterns for a place in the law is now principally waged before the courts. In this struggle some fail, …

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Appeal And Error-Appealable Interest Of Bidder At Judicial Sale, Michigan Law Review Apr 1937

Appeal And Error-Appealable Interest Of Bidder At Judicial Sale, Michigan Law Review

Michigan Law Review

The receiver of a bank effected a compromise settlement with the maker of a second mortgage note of $2100, agreeing to sell him the note for $500. Notice of hearing to confirm this sale was published. Prior to the confirmation, appellant, who was the holder of the first mortgage, offered to pay the receiver $600 for the note. The court confirmed the sale to the maker over appellant's objection made at the hearing. Held, that the appellant was not an aggrieved party and had no appealable interest. Dean v. Clapp, (Iowa 1936) 268 N. W. 56.

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Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee Apr 1937

Constitutional Law - Impairment Of Contracts - Legislative Regulation Of Deficiency Judgments, Donald H. Larmee

Michigan Law Review

A North Carolina statute provided that when a mortagee purchases property at his own sale conducted under a power of sale, and then brings action for the deficiency, the debtor may as a matter of defense show that the true value of the property at the time and place of sale exceeded the sale price and thus defeat the deficiency claim in whole or in part. In a recent case the plaintiff, mortagee of an $8,000 mortgage, conducted a sale according to law and bought the land for $3,000. On the plaintiff's subsequent action for the deficiency the defendant pleaded …

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Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion, William J. Isaacson Apr 1937

Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion, William J. Isaacson

Michigan Law Review

Petitioner lessor and respondent lessee entered into a lease for the enjoyment in perpetuity of water power rights. The yearly rental was stipulated to be "a quantity of gold which shall be equal in amount to fifteen hundred dollars of the gold coin of the United States of the standard of weight and fineness of the year 1894, or the equivalent of this commodity in United States currency." In 1934, after the devaluation of the dollar by the Federal Government, the lessors intervened in the lessee's reorganization proceedings and filed a claim for rent. The petitioners requested that the lessees …

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Gifts Of Choses In Action -- Delivery, Michigan Law Review Apr 1937

Gifts Of Choses In Action -- Delivery, Michigan Law Review

Michigan Law Review

The alleged donor of a trust certificate of the X trust company presented it at the office of the company, had the assignment blank on the back of the certificate filled in and the name of the donee registered on the books of the company, but retained possession of the certificate at all times except during the interval when the registration was taking place. Previous to the transaction the donor had stated that he did not intend to "sign it over" to the donee but merely to "have it fixed in case something happened to him." Yet he told the …

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Specific Performance - Contract To Make A Will - Right To Specific Relief For Breach Where Promisee Predeceases Promisor, Elbridge D. Phelps Apr 1937

Specific Performance - Contract To Make A Will - Right To Specific Relief For Breach Where Promisee Predeceases Promisor, Elbridge D. Phelps

Michigan Law Review

In September, 1930, Cornelius Powell died testate, leaving certain personalty absolutely to his wife, Elizabeth Powell, and devising certain realty to her for life, with a remainder over to his son, Clifford S. Powell. Subsequently, Elizabeth and Clifford entered into a written agreement whereby, in consideration that Clifford would convey all his interest in said realty to her, Elizabeth agreed to execute a will giving to Clifford "at her death all of the property then owned by her, whether real, personal, or mixed." Pursuant to this agreement, the requisite instruments were duly executed. On October 31, 1932, Clifford S. Powell …

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Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps Mar 1937

Constitutional Law - Anti-Deficiency Judgment Statutes In Foreclosure Actions - Impairment Of Contract, Elbridge D. Phelps

Michigan Law Review

Plaintiff instituted a proceeding on a judgment bond which was secured by a real estate mortgage, both of which had been executed by defendants, caused judgment to be entered on the bond, and procured the issuance of a writ of execution under which the mortgaged premises were sold. Thereafter, under the provisions of the state Mortgage Deficiency Judgment Act, defendants procured a satisfaction of the judgment in toto. After entry of such satisfaction, plaintiff filed a petition upon which the court granted a rule on defendants to show cause why the satisfaction should not be stricken. From an order dismissing …

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Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg Mar 1937

Quasi-Contracts -- Contracts Unenforceable Under Statute Of Frauds -- Test Of Benefits, Charles C. Spangenberg

Michigan Law Review

Defendant orally contracted to buy fifty special type motion picture cameras which plaintiff was to build. Plaintiff had completed ten cameras in whole and forty in part when defendant repudiated, setting up the defense that the contract was void under the California statute of frauds. In an action on the common counts for labor done and materials furnished, the court held, that plaintiff could not recover because defendant had accepted or retained no benefit from which a promise to pay could be implied. Mitchell Camera Corp. v. Fox Film Corp., (Cal. 1936) 59 P. (2d) 127.

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Specific Performance - Oral Option To Buy Stock - Effect Of Provision To Fix Price By Arbitration, Michigan Law Review Mar 1937

Specific Performance - Oral Option To Buy Stock - Effect Of Provision To Fix Price By Arbitration, Michigan Law Review

Michigan Law Review

Defendant, who owned all the common stock of a bank, gave an oral option to sell it at a fixed price to plaintiff. Plaintiff was to investigate the bank's books, assets, and liabilities in order to determine the true value of the stock. If the true value did not equal the agreed price, the parties were to meet and set the amount of the diminution. In the event of disagreement, a third party was to be called in. Plaintiff expended considerable sums for investigation before defendant renounced the option and prevented further investigation. In an appeal from an interlocutory order …

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The Notice Due To A Guarantor, Morton C. Campbell Feb 1937

The Notice Due To A Guarantor, Morton C. Campbell

Michigan Law Review

A guaranty is usually an offer contemplating a unilateral contract in that it requires for acceptance an act or series of acts, or abstention from action, on the part of the offeree. The act or acts ordinarily consist in the furnishing of money, goods, services, or the like, by the offeree to the principal in reliance on the guaranty; or in the assumption of suretyship risk by the offeree on behalf of the principal. Abstention from action commonly consists in the offeree's refraining from pressing the principal by suit or otherwise for an overdue debt.

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Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan Feb 1937

Contracts - Fraud - Defrauded Purchaser Of Land On Contract, Jacob L. Keidan

Michigan Law Review

Defendant filed a counterclaim for damages for deceit in an action brought by the vendor in a land contract. The facts showed that substantial payments had been made both before and after defendant's discovery of the fraud. The court held that defendant's performance of the contract subsequent to his discovery of the fraud constituted a "waiver" of the fraud. Monroe v. Hoffman, 276 Mich. 281, 267 N. W. 836 (1936).

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Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion - Proof Of Damages, Michigan Law Review Feb 1937

Damages - Applicability Of Gold Clause Resolution To Obligation To Deliver Gold Bullion - Proof Of Damages, Michigan Law Review

Michigan Law Review

Defendant lessors and plaintiff realty company entered into a 99-year lease in 1890. The yearly rental was stipulated to be "grains of pure unalloyed gold," provided however, that in lieu thereof the lessors at their option could require the delivery of its value ($6,000) in such lawful currency as they designated. In 1933, upon the devaluation of the dollar and the regulation of gold by the Federal Government, the lessors gave the right to lessee to pay the amount of dollars the government was paying for newly-mined gold of the stated quantity (10,158.75). Plaintiff paid that amount in excess of …

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Corporations - Charter Amendments - Delaware Dilemma, Michigan Law Review Feb 1937

Corporations - Charter Amendments - Delaware Dilemma, Michigan Law Review

Michigan Law Review

It may be conceded that a corporate charter is a contract having a threefold aspect as to the combinations of parties thereto, and that this contract, as between the corporation and the state, may be changed by the state without conflict with the Federal Constitution, providing the state has reserved a power to change. It still is an ever present problem, however, as to how far the state may affect the contracts of stockholders, either inter se or with the corporation. This problem is particularly a live one in Delaware, both because of the recent Keller case and the large …

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Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman Dec 1936

Damages - Insurance Contract - Recovery Of Present Worth Of Unmatured Installments, Milton Rabinowitz, Jacob I. Veissman

Michigan Law Review

After paying the twenty-three monthly benefits according to the provisions in the plaintiff's policy relating to total and permanent disability, the defendant decided that the plaintiff was no longer totally disabled, and thereupon stopped the monthly payments, demanded payment of premiums, and, when premiums were not paid, declared the policy lapsed on its books. Plaintiff brought suit, alleging continuance of his disability and repudiation of the insurance contract by the defendant, and he claimed as damages installments already due and installments that would mature during the period of his life expectancy. Defendant demurred. Held, there has been no such …

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Contracts - Interpretation - "Permanent Employment'', Michigan Law Review Dec 1936

Contracts - Interpretation - "Permanent Employment'', Michigan Law Review

Michigan Law Review

Plaintiff, a consulting engineer, had developed a clientele affording him a weekly income of $200, and was considering Purdue University's attractive offer of an associate professorship. Knowing these facts, defendant corporation proposed by telephone that if plaintiff would reject the Purdue offer and agree to purchase the home of defendant's power superintendent, it would give plaintiff permanent employment at a salary of $600 per month. Relying thereon, plaintiff immediately accepted, rejecting the Purdue offer, contracting to purchase the home, and performing his duties under the employment contract for about twenty-two months, after which defendant discharged him without cause. In affirming …

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Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review Dec 1936

Corporations - Amendment Of Charter - Right To Redemption Of Preferred Stock., Michigan Law Review

Michigan Law Review

Plaintiff owned 100 shares of preferred stock of defendant corporation, the certificates for which, and the articles of incorporation, provided for redemption on a· given date. Subsequent to plaintiff's becoming a stockholder but prior to the redemption date of his stock, a statute was passed allowing the majority of voting shareholders of a corporation to amend its articles "without limitation." Pursuant thereto the date for redemption of plaintiff's stock was postponed twenty-five years. Under the amended articles defendant refused plaintiff's tender of the stock and demand of payment on the original redemption date. In an action against the corporation, held …

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Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review Nov 1936

Municipal Corporations - Effect Upon Collection Of Tort Judgments Of Constitutional And Statutory Limitations On Indebtedness And Taxing Powers, Michigan Law Review

Michigan Law Review

In an effort to protect the taxpayer from the extravagance of municipal officials, two types of restrictions, in the main, have been imposed: those limiting the power to contract debts, and those restricting the power to levy taxes. Frequently in an effort to recover and collect a judgment against the city, one or the other of these restrictions is met. Courts seem to hold unanimously that debt limitations apply to the city's obligations in contract and not in tort, but they are divided as to the effect of tax limitations upon collection of a tort judgment. As an example of …

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Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance Nov 1936

Contracts - Indefiniteness - Effect Of Buyer's Right To Require Alternative Performance

Michigan Law Review

A buyer, who had agreed to take a certain number of gallons of oil within a viscosity range comprising seven weights, each weight being listed at a different price, repudiated his contract without having specified any of the seven types. In a suit by the seller to recover for breach of contract, held, as the indefiniteness of the agreement precluded any damages save those based on speculative, average, or other arbitrary price, it was not enforcible and plaintiff could not recover for defendant's refusal to accept oil. Wilhelm Lubrication Co. v. Brattrud, (Minn. 1936) 268 N. W. 634.1

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Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort Nov 1936

Quasi-Contract As An Alternative Remedy For Inducing Breach Of Tort

Michigan Law Review

In an action for money had and received, plaintiff alleged that the International Railroad Company owed plaintiff $40,000 as compensation for services rendered under an existing and valid contract of employment; that with knowledge of this fact defendant corporation, representing that it, and not plaintiff, was entitled to this sum, fraudulently conspired with International Railway Company that this sum be paid defendant instead of plaintiff, and that said amount was paid defendant, resulting in unjust enrichment under circumstances in which the law implies a promise on defendant's part to pay said sum to plaintiff. In reversing a judgment sustaining a …

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Contracts-Agreements For Leasing Departments In Retail Stores Nov 1936

Contracts-Agreements For Leasing Departments In Retail Stores

Michigan Law Review

An important merchandising device, largely developed within the last fifteen years, is the "leasing" of certain departments by proprietors of retail stores to outsiders who agree to operate them as integral units of the owner's business. It has been estimated that more than sixty per cent of department stores and more than forty-eight per cent of specialty stores had leased departments in 1930, with the average number of such departments per store in each class at 4.6 and 2.5 respectively.

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Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea Nov 1936

Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea

Michigan Law Review

Plaintiff advertising firm submitted advertising plans at the invitation of defendant brewing company, in the hope of getting a contract to handle its advertising. Defendant awarded the contract to another, but appropriated and used extensively a slogan, "The Beer of the Century," from the material submitted by plaintiff, who sued to recover the value thereof. Held, that plaintiff was entitled to recover, on an implied contract to pay for the services, the value to defendant of the fruits of the services. How. J. Ryan & Associates, Inc. v. Century Brewing Assn., 185 Wash. 600, 55 P. (2d) 1053 …

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The Effect Of Impossibility Upon Conditions In Wills, Lewis M. Simes May 1936

The Effect Of Impossibility Upon Conditions In Wills, Lewis M. Simes

Michigan Law Review

Writers may discourse upon the danger of construing trees to mean raspberry bushes or cabbages, but the fact remains that written instruments are interpreted with the aid of something more than a dictionary. Circumstances existing both at the time the document is executed and at a subsequent period are considered in determining what it means. This statement applies to conditions as well as to other parts of a written instrument. Nor should we be surprised to find that impossibility of performance may modify legal consequences.

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Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan Apr 1936

Contracts-Fraud-Rescission For Non-Disclosure Of Insolvency, Sheridan Morgan

Michigan Law Review

Modern decisions have provided an important device for the protection of creditors through extension of the duty of disclosure by persons in extreme financial distress. The remedy chiefly used is rescission, which can be secured on the ground of "fraud," with restitution of property transferred in ignorance of the purchaser's distressed condition. The "fraud" need not consist of express misrepresentation of fact, though express misrepresentation often appears as an independent ground leading to the same result. The commercial importance of the remedies thus developed seems to justify consideration both of their practical consequences and of the theories on which relief …

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Contracts-Effect Of A Stipulation Denying Legal Effect In An Employer's Voluntary Pension, Bonus Or Death Benefit Plan, Grover C. Grismore Mar 1936

Contracts-Effect Of A Stipulation Denying Legal Effect In An Employer's Voluntary Pension, Bonus Or Death Benefit Plan, Grover C. Grismore

Michigan Law Review

It has generally been supposed that where two persons go through the form of offer and acceptance but at the same time mutually agree that their undertakings shall not be legally obligatory, they are not contractually bound. In fact, it has frequently been asserted that the intent to have legal obligation must appear affirmatively before a contract can be found to exist. It may be doubted whether this is so, since it is clear from the decided cases that no showing of such an intention is ever required. The intention to have a contract is invariably assumed to exist in …

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Unforgetable Knowledge, Maurice H. Merrill Feb 1936

Unforgetable Knowledge, Maurice H. Merrill

Michigan Law Review

In another article, the writer had occasion to analyze the concept of notice. He there called attention to the fact that in some instances the existence of notice depends upon awareness by the person to be charged, either of the ultimate facts or of circumstances placing him upon inquiry thereof, while in other cases notice exists entirely independent of such awareness. To characterize notice of the first class he suggested the term "cognitive notice," applying to the latter the designation "absolute notice."

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Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price Feb 1936

Specific Performance--Damages--Action At Law By Vendor Of Land For The Full Purchase Price

Michigan Law Review

In an action at law by a vendor of land for breach of contract by the purchaser, the title not having passed, the traditional measure of damages is the difference between the contract price and the value of the land at the time the vendor's conveyance was due. But where a conveyance is not yet due from the vendor a majority of jurisdictions allow recovery of all but the last installment of the purchase money, on the ground that in that case the promise to pay is independent of the vendor's promise to convey. Even where a conveyance is due …

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Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration Feb 1936

Bills And Notes-Holders In Due Course-Effect Of Knowledge Of Executory Character Of Consideration

Michigan Law Review

In an action on a promissory note the plaintiff claimed, as a holder in due course, to be free from the defense of failure of consideration. When the plaintiff acquired the note it was physically attached to a conditional sales contract by the terms of which the payee was to furnish the maker with an oil burner which in truth was never furnished, this being the claimed failure of consideration. Breach of the sales contract apparently took place after the plaintiff acquired the note. Held, plaintiff, having knowledge of the terms of the contract, was not a holder in …

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Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission Feb 1936

Quasi-Contracts-Joinder Of Misrepresenting Agent In Purchaser's Action Against Principal For Rescission

Michigan Law Review

Plaintiff was induced to purchase stock in defendant corporation through representations as to its previous earning power made by agents of the corporation who were also joined as defendants. Plaintiff sued on a theory of rescission to recover the value of property transferred in exchange for the stock in question. Held, the agents of the corporation were properly joined as defendants. Kaufman v. Jaffee, 244 App. Div. 344,279 N. Y. S. 392 (1935).

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Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request Feb 1936

Quasi Contracts-Liability Of Landowner For Repairs Furnished Without Request

Michigan Law Review

Plaintiff furnished labor and materials for repairs to a farm house owned by defendant. The work was done without the knowledge of defendant at the request of defendant's brother who was occupying the place at the time and who had formerly been the owner. Plaintiff sued to foreclose a materialman's lien, but the lien was disallowed because not filed in time. It was held, nevertheless, that even though plaintiff was unable to prove either a contract with defendant or an agency relationship between defendant and his brother, plaintiff could still recover the reasonable value of the benefits furnished to …

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