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Articles 661 - 690 of 846
Full-Text Articles in Contracts
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Infants' Contracts--Application Of Doctrine Of Estoppel When Infant Has Mispresented Age
Michigan Law Review
It has been laid down that as a general rule the doctrine of estoppel has no application to infants. 31 C. J. 1005; 22 CYC. 512. But many cases recognize an exception to this general rule, where the infant has reached the age of discretion and has intentionally and fraudulently made misrepresentations. A common case is that in which the infant has induced a person to enter into a contract with him, by fraudulently representing himself to be of age. As to whether or not he will be estopped from setting up his infancy, in a suit on such contract, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Power Of The Written Assertion, Gustavus Ohlinger
The Power Of The Written Assertion, Gustavus Ohlinger
Michigan Law Review
In his Outline of History Mr. Wells comments on the exaggerated estimate which people generally, through reading the Old Testament account, have come to entertain of the wisdom of Solomon and of the glory and prestige of the Israelitish Kingdom during his reign. By way of contrast, the facts, which are readily available and discernable even in the scriptural narrative, reveal this much advertised monarch as a rather insignificant chieftain and his kingdom as a pawn in the policies of his powerful neighbors-a striking example, according to Mr. Wells, of the power of the written assertion over realities in men's …
Evidence By Surviving Participant Of A Contract Or Other Transaction
Evidence By Surviving Participant Of A Contract Or Other Transaction
Michigan Law Review
Among the most prolific and endless sources of litigation of recent times are the so-called "dead man statutes", which forbid the surviving participant in a contract or other transaction to testify regarding it unless the opposing party waives the restriction. These statutes lay down a rule of thumb which treats all cases, meritorious or unmeritorious, exactly the same. In attempting to apply them to the cases the courts have made one fine distinction after another, only to interject still finer ones in between, until the whole· makes a labyrinth in which suitor and court have often found themselves hopelessly lost. …
The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin
The Intention Fallacy In The Construction Of Title Retaining Contracts, Abraham J. Levin
Michigan Law Review
''Truth", said William James, "lives for the most part on a credit system. Our thoughts and beliefs 'pass', so long as nothing challenges them, just as bank-notes pass, so long as nobody refuses them." This can also be said of legal principles. In the interpretation and construction of conditional sales and kindred title retaining instruments the courts and lawyers and text writers have assumed that the intention of the parties governs under all circumstances regardless of whether the suit is between the original parties to the contract, or whether the issue involves the rights of third parties. So far as …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
New Types Of Negotiable Paper
Michigan Law Review
Admirers of the common law are prone to point with pride to its adaptability to meet changing conditions. In codification the tendency toward rigidity would seem to be almost inevitable, particularly in so far as there is an indulgence in attempts at definition. The Uniform Negotiable Instruments Law affords examples of the price to be paid in departing from the ready elasticity of the common law.
Proof Of Good Faith, Jason L. Honigman
Proof Of Good Faith, Jason L. Honigman
Michigan Law Review
Section 59 of the Uniform Negotiable Instruments Law provides, that, "Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course. But the last mentioned rule does not apply in favor of a party who became bound on the instrument prior to the acquisition of such defective title." Numerous questions of interpretation have arisen in …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
The Reckoning Of Damages In Fluctuating Exchange, Joseph H. Drake
Michigan Law Review
Not the least serious of the evil effects of the Great War has been the resultant collapse in value of the currencies of foreign countries and the consequent dislocation of exchanges. The case of Sirie v. Godfrey, decided in the Appellate Division of the Supreme Court of New York, presents clearly one of the legal problems arising out of this situation. Goods were bought by an American lady in Paris, in 1913 and 1914, at a cost of about 10,000 francs. These goods were delivered in due time but were not paid for. At the time the goods were …
Notice Of Acceptance Of A Guaranty Contract
Notice Of Acceptance Of A Guaranty Contract
Michigan Law Review
In the recent case of Midland Nat. Bank v. Security Elevator Co. (Minn. 1924) 200 N. W. 851, the important question arises as to whether there need be a communicated acceptance of a guaranty in order to consummate a binding undertaking on the part of the guarantor. On this question there is great confusion in the authorities, both as to results and as to reasoning.
Conflict Of Laws Rules As Constitutional Limitations
Conflict Of Laws Rules As Constitutional Limitations
Michigan Law Review
With the constant growth of the United States as a commercial nation, it has been inevitable that state lines should figure in business transactions to an ever diminishing extent. Business relations, keeping pace with the rapid development of modem means of transportation, have increasingly assumed an interstate aspect. With this extension of commercial dealings, the question of the legal rights of the parties so engaged has frequently arisen. Diversity of local rules of law has led to much litigation and disagreement. Differences in local rules might be overcome through the services of competent commercial lawyers, and contracts might then be …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
The Effect Of An Offeror's Death Upon His Outstanding Offer, James Lewis Parks
Michigan Law Review
If A makes an offer to contract with B and dies before B accepts, it has generally been said that the offer is at an end, and that no contract can result, even though later B gives an acceptance without knowing of A's intervening death. To support this rule, it has been stated that a contract can not exist unless the minds of the parties have met, and as the offeror's mind has passed on with his decease, there can be no subsequent mutual assent. It has been convincingly shown that the reasoning of such a decision is unfortunate and …
Justification For Inducing Breach Of Contract
Justification For Inducing Breach Of Contract
Michigan Law Review
Liability for inducing breach of contract, though of comparatively recent development in the field of torts, has grown so rapidly and with so little method or system in many decisions, that courts are somewhat anxious to find legitimate theories for checking the wholesale recoveries resulting from the application of the general principle. Justification for the tort shows some promise of being one of the checks for which the courts have been searching. The recent English case of Brimelow v. Casson (Aug. 1294) 93 L. J. Rep. 256, sheds some light on the problem of justification. In that case the plaintiff …
A Modern Instance Of Zenothemis V. Demon, John M. Zane
A Modern Instance Of Zenothemis V. Demon, John M. Zane
Michigan Law Review
That a specific rule in Greek law should be of value to the decision of a legal question arising among us would seem at first blush improbable. Both the historical and analytical jurists have insisted so strongly upon the causes which tend to make any system of positive law something peculiar in itself that they have obscured the fact that the rules of substantive law are quite likely to be the same for like circumstances among nations which have reached a comparatively high level of civilization. The now dominant school of juristic thought, which teaches what its foremost exponent has …
Are All Permanent Injunctions Temporary?
Are All Permanent Injunctions Temporary?
Michigan Law Review
Injunctions may be classified with reference to the stage in the cause at which they are granted, viz. at a preliminary bearing, or at a final bearing, and they may be classified with reference to the time for which they are to stand, viz. for a limited period, or in perpetuity. For the first distinction we have a superfluity of terms. "Temporary," "provisional," "interlocutory," "ad interim" "pendente lite" indicate the first class: "permanent," "perpetual," "final," indicate the second class. But unfortunately several of these terms also suggest the character of the injunction with regard to …
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Constitutional Law-Liberty Of Contract-Regulation Of Loaves Of Bread
Michigan Law Review
A Nebraska statute aimed at short weights in loaves of bread, forbade the manufacture or sale of loaves weighing either more or less than specified standard amounts. It applied only to quantities of 25 loaves or more and a "tolerance" of two ounces per pound was allowed in excess of the standard weights, to be measured by taking an average of the whole consignment. The prohibition of excess weights was explained by the Nebraska court as an attempt "to prevent a loaf of one standard from being increased in size until it can readily be sold for a larger standard". …
Contracts--Modern Rules As To Past Consideration Furnished At Request
Contracts--Modern Rules As To Past Consideration Furnished At Request
Michigan Law Review
Very early in the history of contract law it was recognized that goods delivered or services rendered in the past could not furnish valid consideration for a present promise, for there was no quid pro quo, no element of exchange. But the equities in favor of the promisee in such cases, in view of the fact that assumpsit would lie only on an express promise, were frequently so strong that in 1615 we find an exception created. Lampleigh v. Brathwait, Hobart 105, held, that if the past services or goods had been furnished at request, the present promise …
Resale Price Fixing From A Different Angle
Resale Price Fixing From A Different Angle
Michigan Law Review
The proposition that resale price fixing agreements are illegal, while by no means universally accepted, is definitely established in the federal courts as well as in quite a number of the state courts. Whatever we may think of its soundness from an economic viewpoint it will doubtless receive even wider recognition as time goes on. For a collection and discussion of the authorities see 20 MICH. L. REV. 904; 19 MICH. L. REV. 265; 19 A. L. R. 925.
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Anticipatory Breach And The Enforcement Of Contractual Duties, Henry Winthrop Ballantine
Michigan Law Review
The doctrine of anticipatory breach, announced in England in 1853 in the leading case of Hochster v. De La, Tour, presents some interesting questions of legal theory. While it has been almost universally accepted by the courts of this country, the principles upon which the doctrine rests have been seriously questioned and the courts have shown an unfortunate bewilderment and hesitation in its extension and application. Professor Williston, probably the leading American authority in the field of contracts, has for many years been a vigorous critic of this doctrine. He goes so far as to assert that the doctrine …
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Statutory Regulation Of Railway Equipment Agreements, Kenneth Duncan
Michigan Law Review
Form of Equipment Contracts. A large part of the rolling stock and equipment obtained by railroads in the United States and Canada is financed through the issue of equipment obligations. At the present time, approximately three-quarters of a billion dollars, par value, of these securities are outstanding, and they have come to constitute about six per cent. of the aggregate funded debt of railroads. Yet in spite of their large and growing importance, they are probably not as well understood as other common forms of corporate securities, and it is doubtful if many lawyers are fully cognizant of the …
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Shipping Act Of 1916: The Effect Of Section 15 On The Sherman Anti-Trust Law, Claude A. Thompson
Michigan Law Review
Does the approval of a conference agreement by the Shipping Board under section 15 of the Shipping Act of 1916 legalize an agreement, which, but for such approval, would be in violation of the Sherman Anti-Trust Law?
Deeds--By And To Infants--Effecti Of Disaffirmance
Deeds--By And To Infants--Effecti Of Disaffirmance
Michigan Law Review
The disaffirmance of a contract made by an infant nullifies it and renders it void ab initio; and the parties are returned to the same condition as if the contract had never been made. Grissom v. Beidleman, 35 Okla. 343. This states the general rule both as to executed and executory contracts, and is particularly applicable to transfers of personal property. WILLISTON, CONTRACTS, § 237; PAGE, CONTRACTS, ed. 2, § 1622. Does this principle apply also to conveyances of real property? Does disaffirmance of a deed by or to an infant ipso facto nullify it and revest the …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …
Fraudulent Bills Of Lading, Merton L. Ferson
Fraudulent Bills Of Lading, Merton L. Ferson
Michigan Law Review
Station agents, without receiving goods, have frequently signed bills of lading purporting to bind their company. When a bill of lading thus issued has been transferred to an innocent purchaser for value, the question arises whether such person may recover against the carrier company. The question is obviously one of the .agent's ability to bind his employer.
Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question
Workmen's Compensation Acts--Nature Of Action Thereunder A Propos The Extraterritoriality Question
Michigan Law Review
The nature of the right and duty created by Workmen's Compensation Acts has been the subject of considerable discussion by courts and writers, but still defies settlement. The United States district court in Kansas was called upon to decide this question in a recent case involving the application of the Kansas statute of limitations. The court held that an action under the Workmen's Compensation Act was not one entitling the plaintiff to claim the longer period which applied to "an action upon contract, express or implied." Davidson v. Payne, 281 Fed. 544. There is nothing in the nature or …
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
The Supreme Court's Adjudication Of Constitutional Issues In 1921-1922, Iv, Thomas Reed Powell
Michigan Law Review
That contracts between private parties cannot stand in the way of exercises of the police power for the promotion of health, morals and safety is firmly established. This principle was invoked against objection to rent regulation in decisions of the preceding term, and it is reiterated in Edgar A. Levy Leasing Co. v. Siegel. In one of the cases involved in this decision a tenant was relieved of a contract made after the statute was enacted, and the landlord here encountered the further doctrine that "of course, a lease made subsequent to the enactment of a statute cannot be …