Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Torts (153)
- Property Law and Real Estate (142)
- Estates and Trusts (108)
- Constitutional Law (107)
- Insurance Law (106)
-
- Banking and Finance Law (96)
- Evidence (86)
- Bankruptcy Law (80)
- Commercial Law (79)
- Labor and Employment Law (77)
- Securities Law (61)
- Family Law (54)
- Criminal Law (51)
- State and Local Government Law (49)
- Jurisdiction (47)
- Litigation (46)
- Law and Economics (41)
- Transportation Law (41)
- Agency (40)
- Legal Remedies (37)
- Business Organizations Law (35)
- Courts (32)
- Tax Law (32)
- Common Law (30)
- Conflict of Laws (30)
- Legal History (28)
- Antitrust and Trade Regulation (23)
- Land Use Law (22)
- Keyword
-
- Liability (44)
- Fraud (42)
- Breach of contract (37)
- Negligence (34)
- Michigan (28)
-
- Obligations (23)
- Conveyances (18)
- Intent (18)
- Uniform Commercial Code (17)
- Minnesota (16)
- Mortgages (16)
- Symposia (16)
- Fault in Contract Law (15)
- Performance (15)
- Boilerplate: Foundations of Market Contracts Symposium (13)
- Breaches of contract (13)
- Wisconsin (13)
- Default (12)
- New York (12)
- Fault (11)
- Good faith (11)
- Recovery (11)
- Restitution (11)
- Strict liability (11)
- Statute of frauds (10)
- Void (10)
- Arbitration (9)
- Book reviews (9)
- Breach (9)
- Damages (9)
- Publication Year
Articles 631 - 660 of 846
Full-Text Articles in Contracts
Carriers - Liability For Goods Lost By Express Company While Performing Service Contrary To The Filed Tariff
Michigan Law Review
The filed tariff of the defendant express company provided that packages containing money would be received only when delivered at the office of the express company. It was the custom of the defendant. contrary to the tariff provisions, to send a special truck to the office of the shippers when notified that money was to be transported. A shipment oi the plaintiff was thus called for, and the money lost when the truck was held up on the way to the express office. Defendant contended that the service was in violation of the tariff, and that no recovery could be …
Contracts - Consideration - Forbearance To Exercise A Right
Contracts - Consideration - Forbearance To Exercise A Right
Michigan Law Review
Defendant was the assignee of a mortgage on a farm owned by the plaintiff. He gave newspaper notice of intent to foreclose, and ten days before the foreclosure period expired he signed and delivered to the plaintiff a writing in which he "agreed" to pay them three thousand dollars "providing said foreclosure of mortgage expires in my name." The foreclosure did so expire and this suit was brought to recover the money promised. Held, the promise is not enforceable, due to lack of consideration. Shaw v. Philbrick (Me. 1930) 151 Atl. 423.
Corporations-Power To Delegate Management For Long Period
Corporations-Power To Delegate Management For Long Period
Michigan Law Review
The corporate parties contracted that in consideration of certain commissions to be paid to the plaintiff, the defendant insurance company should delegate to the plaintiff corporation complete and exclusive control and management of its entire business for a period of twenty years. In an action to recover commissions, held, that the contract was void on the ground of public policy, and that there could be no recovery. Sherman & Ellis, Inc., v. Indiana Mutual Casualty Company (C. C. A. 7th Cir.) 41 F.(2d) 588.
Divorce-Award Not Of "Alimony"-Modification
Divorce-Award Not Of "Alimony"-Modification
Michigan Law Review
In a divorce decree the court incorporated an agreement of the parties to the effect that the husband should pay to the wife "as permanent alimony the sum of $1,200 per annum, to be paid in monthly installments for the period of the wife's life." Upon remarriage of the wife, the husband filed a bill praying for an order modifying the decree. Held, the original decree was not a decree for alimony, but was an incorporation of an agreement of the parties, and therefore the court lacked power to modify it. Spear v. Spear (Md. 1930) 149 AtI. 468.
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Quasi-Contracts -- Recovery For Legal Services Rendered Under Champertous Contract
Michigan Law Review
Plaintiff agreed to render legal services to defendant in an action to recover a farm, payment to be either $5,000 in cash or one-third of the appraised value of the farm at the time of a judgment in defendant's favor. The defendant recovered, but refused to pay the plaintiffs anything on the ground that the contract was in violation of a Maine statute forbidding prosecution of a suit on shares. Plaintiff sued in assumpsit for the value of services rendered and expenses incurred. Held, the contract was illegal and so no relief of any nature would be granted. Hinckley …
Contracts-Right Of A Third Party Beneficiary
Contracts-Right Of A Third Party Beneficiary
Michigan Law Review
Husband and wife agreed with each other to make mutual wills which would leave one-third of the estate of the survivor in equal portions to seven relatives, four of whom were the mother and three sisters of the husband and the remaining three, a niece and two sisters of the wife. After the husband's death the wife made another will, revoking the former one and providing for a different distribution of her property. After her death the mother and three sisters of the deceased husband filed a bill for the specific performance of the contract to make mutual wills. Held …
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Banks And Banking--Damages--Liability Of Bank To Depositor For Wrongful Dishonor Of Check
Michigan Law Review
In an action by a creditor against his debtor for the non-payment of the debt, the ordinary measure of damages for non-performance of the contract is the sum of money itself with interest at the legal rate from the time it was due. Tradition has it that the relation between bank and depositor is that of debtor and creditor. Clearly, it is a contractual relationship. The contract, however, is not merely to pay the creditor but also to pay, on his behalf, such third persons as he may designate. It is not an adequate description to say, merely, that the …
Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies
Quasi-Contracts--Duress--Economic Pressure-Adequacy Of Legal Remedies
Michigan Law Review
The plaintiff deposited funds with the defendant, a stock-broker, as security for his margin account. The defendant without authority sold short on the plaintiff's account a large number of shares of stock and threatened to use the plaintiff's deposits to cover the sale unless the plaintiff would authorize a purchase for that purpose. The plaintiff under protest authorized the defendant to purchase the stock, which in the meanwhile had increased in value. The plaintiff then brought suit to recover the difference between the sale and the re-purchase prices plus the defendant's commissions and transfer taxes. Held, on demurrer that …
Quasi-Contracts--Duress--Tort Action For
Quasi-Contracts--Duress--Tort Action For
Michigan Law Review
The court in the instant case implied by way of dictum that the plaintiff could have recovered if duress had existed. Perhaps as to the commissions sufficient benefit was conferred upon the defendant to form the basis of quasicontractual liability. WOODWARD, LAW OF QUASI-CONTRACTS, sec. 211; Astley v. Reynolds, 2 Strange 915; Darling-Singer Lumber Co. v. Oriental Navigation Co., 127 Or. 655, 272 Pac. 275.
Torts-Inducing Breach Of Contract
Torts-Inducing Breach Of Contract
Michigan Law Review
A contracted to build a dwelling for B, a negro. C, learning that A was building the structure for B, called on B and gave B to understand that the neighborhood would not permit B to use the building after completion. There were no direct threats, nor was there any violence, nor was B requested to cancel the contract. A sues C for inducing the breach which follows C's conversation with B. Held, A was entitled to damages even though C bore no malice toward A and did not intend to cause damage to A. Carson v. Stephens (La. …
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Corporations-Stock Conversion-Obligation Of Interstate Carrier
Michigan Law Review
Plaintiff, holding preferred stock of the defendant railroad convertible into common stock, sought to exercise his right of conversion, and on the railroad's failure to comply, filed the present suit for damages. The answer set up as an affirmative defense that the defendant, an interstate common carrier, is subject to the jurisdiction of the Interstate Commerce Commission; by the 1920 amendment to the Interstate Commerce Act, 49 U. S. C. A. sec. 20a, it was made unlawful for any carrier to issue stock except by the Commission's sanction; on Feb. 7, 1927, for the first time demand was made for …
Pleading-Combining Alternative Allegations And Reliefs
Pleading-Combining Alternative Allegations And Reliefs
Michigan Law Review
Defendant musicians' association had ordered defendant orchestra to terminate its services with plaintiff restaurant, whereupon plaintiff filed a so-called alternative bill praying relief. The first set of allegations stated a written contract with the association by which it was to furnish as its agents an orchestra, added that it was mutually understood that defendant orchestra was meant, and prayed that the association be ordered to specifically perform. The alternative bill made no mention of the written contract, but set out an oral one with defendant orchestra with which defendant association was maliciously and without right interfering, and prayed that defendant …
Review: The Recission Of Contracts And Cancellation Of Written Instruments
Review: The Recission Of Contracts And Cancellation Of Written Instruments
Michigan Law Review
A review of THE RECISSION OF CONTRACTS AND CANCELLATION OF WRITTEN INSTRUMENTS By Henry Campbell Black.
Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty
Quasi-Contracts-Dutiful Intervention-Discharge Of Public Officer's Duty
Michigan Law Review
By statute in Montana the boards of county commissioners were ordered to cause such highways as were necessary for the public welfare to be "laid out, recorded, opened" and maintained. A highway was laid out through the plaintiff's land in 1903, but the county commissioners refused to continue constructing it though requested to do so by the plaintiff, instead compelling him to remove the fences on his property. His entire land being thus thrown open to the public, he constructed the road himself in 1926, with the knowledge of the commissioners, who on its completion immediately accepted it but refused …
Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit
Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit
Michigan Law Review
An interesting problem as to what constitutes fraud sufficient to invalidate a marriage is raised by the recent Illinois case of Bielby v. Bielby. 165 N.E. 231. The husband asked annulment on the ground of the wife's misrepresentation as to her intent to cohabit. The evidence as to the wife's intent and as to whether the marriage was actually consummated was undecisive, the wife testifying that it was and the husband that it was not. However, he did not testify that he had ever requested consummation or that she had ever refused it. It was held there could not …
Suretyship-Application Of Payments From Principal To Creditor-Equity Of Surety In Building Contract Funds
Michigan Law Review
A building contractor's bond, with professional surety, promises to see that all laborers and materialmen assisting upon a certain construction job are fully paid. With moneys received from work upon this building, the contractor pays a certain sum to a materialman without applying it to any particular debt. The contractor owes the materialman upon two separate debts: one for materials furnished upon this very job, and covered by this surety bond; and a pre-existing debt, in no way connected with the present contract. Is the surety able to insist that the materialman use this payment to discharge the debt on …
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Landlord And Tenant-Covenant Not To Assign Without Lessor's Consent
Michigan Law Review
The growing practice of leasing important business property, especially for long terms, rather than of conveying the entire fee simple, has made increasingly important the devices inserted in such leases for the protection of the respective parties. One of the oldest and most common of these, for the protection of the lessor, is the covenant by the lessee that he will not assign the term without the consent of the lessor.
Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code
Injunctions-Statutory Injunctions In Legal Actions Under The Iowa Code
Michigan Law Review
The Iowa Code contains a unique and interesting provision which was copied from the English Common Law Procedure Act of 1854. It provides that :--"In all cases of breach of contract or other injury, where the party injured is entitled to maintain and has brought an action by ordinary proceedings, he may, in the same cause, pray and have a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the commission of any breach of contract or injury of a like kind arising out of the same contract or relating to the …
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Anticipatory Repudiation Of Contracts And Necessity Of Election, L. Vold
Michigan Law Review
Where a breach of contract takes place several courses of conduct are normally open to the aggrieved promisee. He may bring an action for damages. He often may rescind for the breach. He sometimes may sue for specific performance. He may accept later performance on account. He may try to persuade the defaulting party to live up to the contract. He may for the time being ignore both the contract and the breach. If he follows certain of these courses of conduct others may thereby become impossible. He thus has an election of remedies, a choosing between inconsistent courses of …
Corporations-Debts In Excess Of Statuatory Limit
Corporations-Debts In Excess Of Statuatory Limit
Michigan Law Review
Business Corporations generally have the power to borrow money for the purpose of their ordinary business, and to give the customary evidence of the debt and security therefor. Such power can be limited only by statute or by the charter. Statutes frequently provide that corporations should not incur indebtedness in excess of some particular stated amount, usually a certain proportion of the capital stock. A recent Nebraska case allowed the lender full recovery from the guarantor of corporate notes given in exchange for a loan in excess of the statutory limit, holding that excessive indebtedness does not necessarily invalidate contract …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Unconstitutional Conditions-The Chrysler Automatic Insurance Plan
Michigan Law Review
The recent decision of the United States Supreme Court in Palmetto Fire Insurance Co. v. Conn. and consolidated cases, terminates the interesting litigation provoked in four states by the novel insurance scheme of the Chrysler Sales Corporation.
Bills And Notes-Discharge-What Is "Renunciation."
Bills And Notes-Discharge-What Is "Renunciation."
Michigan Law Review
The recent and interesting Minnesota case of McGlynn v. Granstrom again raises the question of the construction of certain sections of the Uniform Negotiable Instruments Law. It is there held, that Sec. 122 of the N. I. L., requiring a "renunciation" to be in writing, does not apply to a discharge by accord and satisfaction.
Insurance-Incontestability Clauses-What Will Amount To A Contest
Insurance-Incontestability Clauses-What Will Amount To A Contest
Michigan Law Review
The incontestability clause is quite common at present in life insurance policies, and is the source of much litigation. The insurance policy has usually contained many statements or representations by the insured, and it was a common experience that after the insured had paid premiums on a life insurance policy, perhaps for years, and had died in the belief that his family was well provided for, the insurance company avoided payment on the ground that the insured had made a misrepresentation in the policy, or had committed a breach of warranty. As a result, a feeling grew up that all …
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Joinder And Splitting Of Causes Of Action, Charles E. Clark
Michigan Law Review
The pleading rules concerning joinder and splitting of causes of action are complements of each other, though designed to achieve different objectives. The joinder rule is that separate causes cannot be "joined" or pleaded in the same suit unless they fall within one of the classes of permissible joinder specified in the codes. The purpose of the rule is to prevent too wide a field of litigation and too diverse issues in a single suit and thus to avoid a case of undue confusion and complexity. The rule against splitting is that a single cause shall not be "split" or …
Acceptance Of Deeds
Michigan Law Review
In discussions of delivery of deeds consideration is commonly given to the element of acceptance, as if that were a part of delivery. In the ordinary case of delivery there is an acceptance by the grantee, but, it is submitted, when delivery is properly analyzed it will be found that acceptance is no proper part thereof, whatever may be said as to the necessity for assent in effectuating a change in ownership.
Passenger Tickets As Contracts, Edwin C. Goddard
Passenger Tickets As Contracts, Edwin C. Goddard
Michigan Law Review
The most important right of the common carrier of passengers is his right to compensation. He carries for hire. This compensation he ordinarily collects by selling to the prospective passenger a ticket. Of these tickets there are many varieties, from the simple rectangular bit of cardboard, with the printed statement that it is good for one ride from X to Y, to the long coupon ticket, with elaborate provisions in fine print, providing for the passenger knows not what. What is the legal character of this ticket?
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Contracts To Make Testamentary Dispositions As Affected By The Statute Of Frauds, Merrell I. Schnebly
Michigan Law Review
There are in the reports a surprising number of cases in which it is alleged that the owner of property has bound himself by contract to devise or bequeath that property to another. These promises have been made upon almost every imaginable consideration, but in the typical case the consideration is personal services rendered to the promiser during his declining years. Since these promises are so common, one concludes that this kind of contract must appeal to many persons as advantageous. There is little doubt that it of ten does enable one to secure attention of a sort he could …
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Contracts-Risk Of Loss Between Vendor And Purchaser In Land Contract
Michigan Law Review
Plaintiff entered into a contract to sell his grocery business to the defendant for a specified amount, part payment to be by way of the conveyance of a house and lot owned by the defendant, the title to pass upon payment by the plaintiff of certain outstanding debts of the grocery business. Subsequent to the execution of the contract, but before conveyance of the house and lot and while the defendant was still in possession, the house was destroyed by fire and the plaintiff sues to have $2,500 substituted, that amount being the agreed valuation at which the property was …
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.