Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Property Law and Real Estate (6)
- Antitrust and Trade Regulation (3)
- Constitutional Law (3)
- Insurance Law (3)
- Commercial Law (2)
-
- Estates and Trusts (2)
- Family Law (2)
- Agency (1)
- Bankruptcy Law (1)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Dispute Resolution and Arbitration (1)
- Energy and Utilities Law (1)
- Evidence (1)
- Gaming Law (1)
- Jurisprudence (1)
- Labor and Employment Law (1)
- Law and Economics (1)
- Legal Remedies (1)
- Litigation (1)
- Military, War, and Peace (1)
- Securities Law (1)
- Institution
- Keyword
-
- Contracts (5)
- Minnesota (4)
- Michigan (3)
- Massachusetts (2)
- Misrepresentations (2)
-
- New York (2)
- Obligations (2)
- Probate (2)
- Restatement of the Law of Contracts (2)
- Actions in equity (1)
- Adamowicz v. Iwanicki (1)
- Agreements (1)
- Alias Jimmy Valentine (1)
- Alimony (1)
- American Exchange Bank v. Smith (1)
- Anticipatory breaches (1)
- Arbitration (1)
- Arbitration clauses (1)
- Automobile accidents (1)
- Bankruptcy auctions (1)
- Barnardiston v. Lingood (1)
- Barneby v. Collier Inc. (1)
- Belgium (1)
- Berry v. Old South Engraving Corp. (1)
- Bills of sale (1)
- Birmingham Ins. Co. v. Pulver (1)
- Blank assignment (1)
- Breaches of contract (1)
- California Conserving Co. v. D'Avanzo (1)
- Competition (1)
- Publication
Articles 1 - 30 of 47
Full-Text Articles in Contracts
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
Vendor And Purchaser--Rescission Of Contract--Tender Of Possession, Houston A. Smith
West Virginia Law Review
No abstract provided.
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.
Contracts - Illegality - Effect Of Partial Illegality
Contracts - Illegality - Effect Of Partial Illegality
Michigan Law Review
It has long been accepted that the illegality of part of a contract does not necessarily make the entire contract unenforceable. However, it is difficult to predict in a given case whether or not the court will hold that recovery may be had upon the lawful part of the contract. It is often said that such recovery will be allowed when the illegal portion of the contract can be clearly separated from the lawful part, but .even when stated in such broad terms - so broad in fact that it is of little help in solving the problem - the …
Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson
Effects Of Inflation On Private Contracts: Germany, 1914-1924, John P. Dawson
Michigan Law Review
The German experience with inflation is unique not only in the magnitude of the ultimate disaster but in the wealth and variety of the record which it left behind. From that experience we may still learn much. The problems presented at successive stages of the German inflation differ in degree but not in kind from those which appear in any major shift in the general level of prices. The devices, legal and economic, for restoring an equilibrium thus destroyed must be essentially the same in any great country organized, as Germany was, for specialized, large-scale production. From a study of …
Contracts--Change Of Circumstances-Constructive Promise
Contracts--Change Of Circumstances-Constructive Promise
Michigan Law Review
In 1921 plaintiff and defendant entered into a contract whereby defendant agreed to give plaintiff "one-half of all moneys" which should be received "from any revivals of" the play" 'Alias Jimmy Valentine' including productions in New York City, 'on the road,' or 'in stock.' " Plaintiff's share was to be mailed direct to him under division orders from wherever the play was being produced, accompanied by box office statements. It was stipulated that "all contracts . . . or other arrangements . . . affecting the title to the dramatic rights ( exclusive of motion picture rights) . . . …
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Contracts - Assignment- Unsealed Assignment Of Sealed Instrument
Michigan Law Review
Defendants sold and conveyed their grocery business by a bill of sale under seal and covenanted not to engage in a like business within a one-mile radius for a period of three years. The purchaser assigned the bill of sale by an instrument not under seal to the plaintiffs. When the defendants opened a competing business in violation of their agreement, the plaintiffs filed a bill in equity asking that the defendants be restrained. Held, that an injunction should issue, notwithstanding the bill of sale was sealed while the assignment was not. Adamowicz v. Iwanicki, (Mass. 1934) 190 …
Contracts-Arbitration-Sherman Act
Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture
Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture
Michigan Law Review
Plaintiff sued in equity to recover for services rendered to her deceased husband for a period of six years prior to her marriage to him. Defendant, the executor of decedent, contended that she could not recover the portion of her claim which represented wages earned more than six years before a claim w.as filed with the estate. Held, the statute of limitations does not run on the claim of one spouse. against the other during the continuance of the marital state, irrespective of whether the claim arose before or during coverture. Therefore, plaintiff could now recover for the six …
The Vendee's Lien- On Land And Chattels
The Vendee's Lien- On Land And Chattels
Michigan Law Review
The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Contracts --Anticipatory Breach- Denial Of Liability As A Repudiation
Michigan Law Review
A life insurance policy provided that the insured was to be paid a certain sum per month in case of permanent disability. A dispute arose between the company and the insured as to the proper construction of the contract. The company expressed willingness to perform the contract as it construed it, but this was a refusal to pay the monthly disability income. The insured brought an action to recover total damages for anticipatory breach, of the contract to pay the permanent disability benefits. Held, that the insurer had not made such an unequivocal refusal to perform the contract as …
The Present Legal Status Of The Private Seal In West Virginia, Thomas Clifford Billig, William Frederick Wunschel
The Present Legal Status Of The Private Seal In West Virginia, Thomas Clifford Billig, William Frederick Wunschel
West Virginia 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.
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Constitutional Law-Validity Of Statute Exempting Insurance Benefits From Process For Debts
Michigan Law Review
C, a judgment creditor of W, instituted garnishment proceedings to recover the amount of the judgment out of moneys owed by the X insurance company to W as beneficiary of H's life insurance. Subsequently the Arkansas legislature passed a statute exempting all moneys paid or payable to any resident of the State as the insured or beneficiary designated under any life, sickness, or accident insurance policy, from liability or seizure under judicial process, and provided that such benefits should not be subjected to the payment of any debt. Held, by a unanimous decision of the United …
Wills-Contract Not To Contest
Michigan Law Review
A testatrix left the bulk of her estate to the plaintiff whom she named as her executor. Defendant, dissatisfied with his bequest, threatened to contest the will. Thereupon, the parties entered into a contract whereby the plaintiff agreed to give the defendant a piece of land and a sum of money in addition to his legacy in consideration of defendant's promise not to contest the will. Shortly thereafter defendant joined relatives of the decedent in opposing probate. In an action in equity to specifically enforce the agreement, held, that the contract was valid and that the defendant be permanently …
The Varying Meaning And Legal Effect Of The Word "Void", Abraham J. Levin
The Varying Meaning And Legal Effect Of The Word "Void", Abraham J. Levin
Michigan Law Review
To interpret properly what has been said or written necessitates our going beyond the dictionary into the sphere of action and reality. In its narrowest sense the, meaning of a word is the single effect which is given to it in the specific case. Insofar as nature repeats itself are we able to build up concepts and symbols which function in substantially the same way in different cases. But the mind must always be ready to discard an accepted definition of a word symbol for the particular legal effect which the circumstances demand. The same word or symbol with the …
Contracts - Fraud -Tests Of Materiality In Deceit And On Rescission For Fraud
Contracts - Fraud -Tests Of Materiality In Deceit And On Rescission For Fraud
Michigan Law Review
Current decisions abundantly show the usefulness and efficiency of remedies based on rescission in contracts induced by fraud, as compared with damage remedies. Modern improvements in the rescission remedies go far to explain their popularity. On the other hand, the tests for "materiality" of misrepresentations that are unavoidably connected with the action of deceit have restricted its utility. Both the advantages of rescission and the disadvantages of damage remedies appear most clearly in a period of rapidly fluctuating and uncertain values. These considerations seem to justify a comparative study of the tests of "materiality" evolved by recent decisions in actions …
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Contracts - Consideration - Agreement To Reduce Rent Reserved In Lease
Michigan Law Review
Plaintiff sued defendants, who were trustees of a business trust, to enforce personal liability upon them for accrued rent due under a lease. When the lessee company, which was losing money because of the depression, threatened to vacate the premises, the plaintiff acquiesced in the lessee's demand that the rent be reduced for the balance of the term. Plaintiff sought to recover the amount due under the lease, claiming that the agreement for reduction was without consideration and therefore a nullity. Held, that in view of plaintiff's knowledge of the lessee's financial condition, the latter's agreeing to remain in …
Contracts - Fraud - Effect Of Provision In Contract That Representations Of Seller's Agent Are Not Binding
Michigan Law Review
Plaintiff sued on promissory notes given it by defendant in part payment of the purchase price for a dumptor. Defendant counterclaimed on the ground that he was induced to buy the dumptor because of fraudulent misrepresentations made by the plaintiff's agent. The contract contained the stipulation that "no representations made by an agent not included herein shall be binding," and therefore the plaintiff contended that the jury could not consider any of the false statements made by its agent. Held, said statement is ineffectual to preclude the defendant from asserting fraud. National Equipment Corp. v. Volden, (Minn. 1934) …
Specific Performance--Foreclosure Of Land-Purchase Contract--Where Time Is Of The Essence, Robert W. Burk
Specific Performance--Foreclosure Of Land-Purchase Contract--Where Time Is Of The Essence, Robert W. Burk
West Virginia Law Review
No abstract provided.
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.
Insurance - Conditions Precedent To Existence Of Contract
Insurance - Conditions Precedent To Existence Of Contract
Michigan Law Review
The application for a non-medical-examination insurance policy, and the policy itself, contained the provision that the policy should not take effect if the insured should die before the date thereof or if, on such date, the insured should not be in sound health. At the time of delivery of the policy the insured was actually suffering from high blood pressure or heart disease, although this condition was unknown to him. A statute provided that the statements made in the application as to the physical condition of the insured should be valid and binding upon the insurance company "unless wilfully false …
Contracts-Wagers - New Consideration
Contracts-Wagers - New Consideration
Michigan Law Review
Plaintiff and defendant were engaged in illegal stock transactions at the end of which plaintiff owed defendant $11,961.05 and defendant owed plaintiff $7,600.00. In making out the check for his debt, plaintiff deducted for the $7,600.00 and wanted to give only $4,361.05 because defendant's check for the former sum, although it had been mailed, had not yet cleared. On defendant's assurance that the check would clear and be paid, plaintiff added $7,600.00 to the check which he gave to the defendant. Defendant promptly cashed plaintiff's check and stopped payment on his own. In a suit for the $7,600, to which …
Divorce - Alimony - Modification Of Decree - Impairment Of Obligation Of Contracts
Divorce - Alimony - Modification Of Decree - Impairment Of Obligation Of Contracts
Michigan Law Review
A decree of divorce, following the terms of a prior agreement between the parties, ordered the defendant husband to assign to the plaintiff an insurance policy and pay her $105 per month as long as she remained unmarried. Later, the court upon the defendant's petition reduced the monthly allowance to $90, finding that the defendant's earnings had been diminished and that his remarriage had precipitated new family obligations and debts. Upon appeal of both parties, held, that the court had the power to modify the decree to conform to the changed conditions of the parties, and this modification did …
Sales - Section 14, Uniform Conditional Sales Act - Removal To Other State Without Refiling
Sales - Section 14, Uniform Conditional Sales Act - Removal To Other State Without Refiling
Michigan Law Review
The plaintiff, vendor in a conditional sale contract, received notice of the removal of the goods by the vendee to another State, but failed to refile the contract in the other State as required by its statute. A creditor of the vendee attached the goods without notice of the conditional sale contract, but was given actual notice of it by the plaintiff during the prescribed filing period. In this action, the plaintiff sought to recover the goods from the attaching creditor. Held, the conditional sale contract was void as to the creditor in the absence of a refiling, notwithstanding …
The Equitable Lien As A Remedy For Breach Of Contract
The Equitable Lien As A Remedy For Breach Of Contract
Michigan Law Review
Modern decisions have developed the equitable lien as an important procedural device alongside the equitable remedies of constructive trust and subrogation, with both of which it is intimately connected. The equitable lien or charge, enforceable by foreclosure and sale, is in many situations the most convenient and flexible device for enforcing equitable obligations. A sphere of activity in which it has already proved useful, and in which its usefulness may increase, is in the field of breach of contract. The equitable lien here provides an intermediate ground between affirmative specific performance and complete rescission.
Contracts - Offer And Acceptance -Termination Of Offer By Subsequent Higher Bid Of Another
Contracts - Offer And Acceptance -Termination Of Offer By Subsequent Higher Bid Of Another
Michigan Law Review
The receiver of an insolvent bank received from one Lorensen bids of $4,500 for the building and $500 for the fixtures of the bank, the bid for the fixtures being conditioned on acceptance of the bid for the building. He received a subsequent bid of $4,600 for the building alone, no mention being made of the fixtures. Lorensen's bid for the fixtures was made on separate paper and was considered as distinct from his bid for the building. The receiver called on Lorensen, notified him of the higher bid {indicating that it had been received without qualification) and tried to …
The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan
The Minnesota Mortgage Moratorium Case, Joseph V. Heffernan
Indiana Law Journal
No abstract provided.
Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr.
Specific Performance--Must Plaintiff Plead Adequacy On Consideration?, Edward S. Bock Jr.
West Virginia Law Review
No abstract provided.
Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Certain Evasive And Protective Devices Affecting Succession To Decedents' Estates, Alvin Evans
Michigan Law Review
In Anglo-American law for many generations the power of an owner of property to determine the disposal of his estate at death has met with but comparatively few limitations. The statute creating this power was motivated by the assumption that the interest of the owner, reaching even beyond death, is paramount to other social interests. This power is an important item in a capitalistic system. And even if he does not exercise his power, the decedent may rest assured that another statute will do for him approximately what he may be supposed to have desired.