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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 95 of about 9,212 results (0.109 seconds)

Jan 18 1965 (FN)

City of El Paso Vs. Simmons

Court : US Supreme Court

..... 131. cf. state v. walden, 325 s.w.2d 705 (tex.civ.app.). [ footnote 2/8 ] fletcher v. peck also made clear that the constitution forbids impairment of a contract whether the contract be executed or, as here, executory. 6 cranch at 10 u. s. 136 -137. [ footnote 2/9 ] 4 wheat. at 17 u. s. 200 . [ footnote 2/10 ] see ..... of the state's land program many decades later. settlement was no longer the objective, but revenues for the school fund, efficient utilization of public lands, and compliance with contracts of sale remained viable and important goals, as did the policy of relieving purchasers from the hardships of temporary adversity. given these objectives and the impediments posed to their fulfillment ..... had produced no revenue for a decade. ibid. this state of affairs was principally attributable to the opportunity for speculation to which unlimited reinstatement rights gave rise. forfeited purchase contracts which had remained dormant for years could be reinstated if and when the land became potentially productive of gas and oil. where forfeited lands were purchased without reservation of minerals ..... statute of repose serves significant state objectives: clarification of land titles, elimination of massive litigation over titles, and effective utilization of property. hence, it impairs no protected right under the contract clause. pp. 379 u. s. 509 -517. appeal dismissed, and certiorari granted; 320 f.2d 541 reversed. djq mr. justice white delivered the opinion of the court. under .....

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Jun 06 1966 (FN)

United States Vs. Utah Construction and Mining Co.

Court : US Supreme Court

..... exercising functions in connection with the national defense may, upon a finding that such action would "facilitate the national defense," enter into amendments and modifications of contracts without regard to other provisions of law respecting such amendments and modifications. as implemented by the departmental procurement regulations, see aspr, 32 cfr 17.000 et seq ..... the government orders permitted changes in the work or if the contractor encounters changed conditions differing materially from those ordinarily anticipated. likewise, it is provided that the contract shall not be terminated, nor the contractor charged with liquidated damages, if he is delayed in completing the work by unforeseeable conditions beyond his control, including ..... u. s. 407 -411. (d) congress and the military procurement agencies recognize the jurisdictional limitations of the boards by enacting alternative administrative remedies and by fashioning additional contract adjustment provisions to deal with claims for delay damages such as presented here. pp. 384 u. s. 413 -417. (e) the development of these additional contractual ..... upon the parties thereto." after completing the project, respondent filed claims seeking additional compensation and time extensions pursuant to the "changed conditions" clause of the contract. the advisory board of contract appeals, after hearings, (1) denied the request for time extension and damages for the "pier drilling" claim, finding that increased costs were incurred by .....

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Dec 18 1967 (FN)

Case-swayne Co., Inc. Vs. Sunkist Growers, Inc.

Court : US Supreme Court

..... themselves nor their arrangements with growers are claimed by sunkist to be capper-volstead cooperatives exempt because of that status from examination under the sherman act. also, the contracts and arrangements between the agency associations, nonexempt entities, and the exchanges and page 389 u. s. 403 sunkist, which should be treated as otherwise exempt entities, ..... cooperatives. a relatively small number, however, the so-called agency associations, are privately owned packing houses which buy and pack the fruit of those growers with whom they contract. the local associations, including the agency associations, are, in turn, organized into district exchanges which, unless agency association membership disqualifies some of them, would seem also to ..... interstate and foreign commerce, such products of persons so engaged. such associations may have marketing agencies in common, and such associations and their members may make the necessary contracts and agreements to effect such purposes: provided, however, that such associations are operated for the mutual benefit of the members thereof, as such producers, and conform ..... growers. however, about 15% of the local associations, called "agency associations," are private corporations or partnerships owning and operating packing houses for profit. they have marketing contracts with growers to handle fruit for cost plus a fixed fee. all the local associations participate in the control and policy making of sunkist. held: respondent is not .....

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Jun 12 1967 (FN)

Nlrb Vs. Allis-chalmers Mfg. Co.

Court : US Supreme Court

..... summers, legal limitations on union discipline, 64 harv.l.rev. 1049, 1055-1056 (1951). [ footnote 2/7 ] although the court states that congress was operating within the context of the "contract theory," i have been unable to find any reference to this theory in the legislative history, even by the opponents to curtailing union power. when senator pepper suggested that the ..... by suggesting that congress was not concerned with "the permissible means of enforcement of union fines," and that court-enforcement of fines is a necessary consequence of the "contract theory" of the union-member relationship. and then the court cautions that its holding may only apply to court enforcement of "reasonable fines." apparently the court believes that ..... of such obligations than court enforcement of penalties imposed on citizens for violation of their obligations as citizens to pay income taxes or court awards of damages against a contracting party for nonperformance of a contractual obligation voluntarily undertaken. but even if the inherent imprecision of the words "restrain or coerce" may be overlooked, recourse to legislative ..... , plants of respondent allis-chalmers manufacturing company were represented by locals of the united automobile workers. lawful economic strikes were conducted at both plants in support of new contract demands. in compliance with the uaw constitution, the strikes were called with the approval of the international union after at least two-thirds of the members of each .....

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Apr 10 1967 (FN)

Crown Coat Front Co., Inc. Vs. United States

Court : US Supreme Court

..... united states, 90 ct.cl. 537, 579 (1940). neither this court nor the administrative tribunals have had any great difficulty in handling belated claims by contractors under the various contract adjustment articles. contractors have not been able to extend the limitations period unduly by unilaterally postponing the commencement of the administrative process." 177 ct.cl. at 259-260, 368 ..... determination, and has probably acted on that assumption in keeping records and retaining evidence. on the other hand, to say abruptly at this moment that limitation runs from the contract's completion, regardless of subsequent mandatory administrative proceedings, would undoubtedly cut off scores of contractors who, relying on our past decisions, have waited to bring suit until the ..... . the court held that it did. according to the court, the disputes clause "is a clear, unambiguous provision applicable at all times and binding on all parties to the contract. no court is justified in disregarding its letter or spirit. . . . it creates a mechanism whereby adjustments may be made and errors corrected on an administrative level, thereby ..... imply bad faith. [ footnote 1 ]" the "arising under" claims page 386 u. s. 506 subject to final administrative determination are those claims asserted under other clauses of the contract calling for equitable adjustment of the purchase price or extensions of time upon the occurrence of certain events. [ footnote 2 ] one of these clauses is the so-called "changes" .....

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Feb 27 1967 (FN)

Vaca Vs. Sipes

Court : US Supreme Court

..... agreement, 69 harv.l.rev. 601 (1956). if the individual employee could compel arbitration of his grievance regardless of its merit, the settlement machinery provided by the contract would be substantially undermined, thus destroying the employer's confidence in the union's authority and returning the individual grievant to the vagaries of independent and unsystematic negotiation. ..... in the grievance procedures. moreover, both sides are assured that similar complaints will be treated consistently, and major problem areas in the interpretation of the collective bargaining contract can be isolated, and perhaps resolved. and finally, the settlement process furthers the interest of the union as statutory agent and as co-author of the bargaining ..... employers and unions the power to establish exclusive grievance procedures, intended to confer upon unions such unlimited discretion to deprive injured employees of all remedies for breach of contract. nor do we think that congress intended to shield employers from the natural consequences of their breaches of bargaining agreements by wrongful union conduct in the enforcement ..... unsatisfactory or unworkable for the individual grievant. the problem then is to determine under what circumstances the individual employee may obtain judicial review of his breach of contract claim despite his failure to secure relief through the contractual remedial procedures. an obvious situation in which the employee should not be limited to the exclusive remedial .....

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Dec 31 1969 (FN)

Van Winkle Vs. Crowell

Court : US Supreme Court

..... the seller, for the purpose of testing its quality or capacity prior to the full acceptance of the machinery as a compliance with the contract and the relinquishment of the vendor's right of the property, is not inconsistent with the property being with the vendor, notwithstanding such possession ..... a question of intention, to be determined by a consideration of the situation and surroundings of the parties and the subject matter of the contract, and the stipulations to be observed and performed by the parties with respect thereto. the burden of showing satisfactorily that the title has ..... conclusion of law, to be drawn from the undisputed facts of the case, and the witness could not testify to such legal conclusion. the contract contained no stipulation that belser & parker were to be allowed to test the machinery before accepting it. moreover, any provisions in regard to erecting ..... such inspection in december, 1885, and that belser & parker, prior to that time, did not accept the machinery as a compliance with the contract, and then only accepted it conditionally upon the plaintiffs' supplying and changing certain parts of the machinery. that testimony was admitted against the objection of ..... wrote the paper, which belser & parker signed and delivered to him. no other agreement was made than the one contained in that paper. by that contract, the plaintiffs obliged themselves (1) to ship to belser & parker the machinery named therein, (2) to pay the freight thereon to mitchell's station .....

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Dec 31 1969 (FN)

Baldy Vs. Hunter

Court : US Supreme Court

..... government recognizing its authority. that within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the ..... in its multiplied forms was there transacted. the simplest purchase of food in the market, as well as the largest dealings of merchants, were generally made in this currency. contracts thus made, not designed to aid the insurrectionary government, could not therefore without manifest injustice to the parties, be treated as invalid between them. hence, in thorington v ..... with civil government or the regular administration of the laws. order was page 171 u. s. 397 to be preserved, police regulations maintained, crime prosecuted, property protected, contracts enforced, marriages celebrated, estates settled, and the transfer and descent of property regulated precisely as in time of peace. no one that we are aware of seriously questions the ..... page 171 u. s. 389 within such territory, the preservation of order, the maintenance of police regulations, the prosecution of crimes, the protection of property, the enforcement of contracts, the celebration of marriages, the settlement of estates, the transfer and descent of property, and similar or kindred subjects were, during the war, under the control of the .....

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Dec 31 1969 (FN)

Vicksburg Vs. Vicksburg Waterworks Co.

Court : US Supreme Court

..... 1905, be and the same is hereby made permanent." " fourth. that the said defendant be, and is hereby, enjoined from in any manner interfering with the complainant's contract rights under its said contract with the city of vicksburg, entered into between samuel r. bullock & company and said city, under the ordinance of november 19th, 1886." " fifth. that the defendant ..... in every respect legal, valid, and enforceable and binding upon said defendant, and said defendant is hereby perpetually enjoined from infringing, ignoring, rescinding, or denying liability under said ordinance, contract, and franchise in any of its parts, or from in any manner disturbing or interfering with the rights, privileges, and benefits acquired by complainant thereunder." " third, that said defendant ..... ordinance on the ground that it was ultra vires and without authority from the legislature. in that case, the authority conferred was in general terms, authorizing the city to contract with any reliable corporation, association, or individual for supplying the city of jackson with water and electric or gas lights from year to year. under authority of this ..... purchased by a mr. crumpler, who assigned all his rights and title to the vicksburg waterworks company, the appellee herein, which company has operated the works since. the contract contained an agreement to pay a stipulated rental for certain hydrants for public use. the legislature of mississippi, on march 18, 1900, passed an act authorizing the city to .....

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Dec 31 1969 (FN)

United States Vs. American Tobacco Co.

Court : US Supreme Court

..... . the conley foil company has acquired all the stock of the johnson tinfoil & metal company -- a defendant -- of st. louis, a leading competitor, and they supply, under fixed contracts, the tinfoil used by defendants. r. j. reynolds tobacco company (winston-salem, north carolina). in 1899, the continental tobacco company acquired control of the r. j. reynolds tobacco company ..... view of stock ownership or from the standpoint of the principal corporation and the accessory or subsidiary corporations, viewed independently, including the foreign corporations insofar as by the contracts made by them they became cooperators in the combination -- comes within the prohibitions of the first and second sections of the anti-trust act, it remains only finally ..... any indirection, the prohibitions of the statute. considering, then, the undisputed facts which we have previously stated, it remains only to determine whether they establish that the acts, contracts, agreements, combinations, etc., which were assailed were of such an unusual and wrongful character as to bring them within the prohibitions of the law. that they were, in ..... exhibits 1 and 2 hereto." "4. that the british-american tobacco company be adjudged an unlawful instrumentality, created solely for carrying into effect the objects and purposes of said contract, combination, and conspiracy entered into on or about september 27, 1902, and thereafter, and that it be enjoined from engaging in interstate or foreign trade and commerce within .....

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