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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Page 98 of about 9,200 results (0.148 seconds)

Jun 03 1918 (FN)

Philippine Sugar Estates Dev. Co., Ltd. Vs. Philippines

Court : US Supreme Court

..... striking out with a pen the words "sugar and rice mills and machinery." this correction was acquiesced in by the government's representatives, and in the final draft of the contract which was executed december 22, 1903, there was no reference to sugar mills, machinery, or tramway, although the paragraph, as modified, contained the following explicit and detailed provision: "this ..... and entered judgment for the defendant. the supreme court of the philippine islands reversed the judgment of the trial court solely on the ground that, where parties to a written contract have deliberately adopted the language therein used, a court of equity will not reform the instrument because the parties were "mistaken as to its legal interpretation and effect, nor ..... 1 ] later, the philippine government learned that the grantor had removed certain sugar mill machinery and the rails of a light railroad which had formerly been upon the estate. the contract made no mention of sugar mills, machinery, or railroad, but it contained, after the description of the estates and specified properties to be conveyed, the words, "and all other ..... . most of the lands owned by the dominicans, amounting to 60,461 hectares, had been conveyed to the philippine sugar estates development company, limited, and with that corporation a contract of sale and purchase was executed by the government of the philippine islands under date of december 22, 1903. the agreement covered eight haciendas, including that of calamba in the .....

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May 20 1918 (FN)

United States Vs. United Shoe Machinery Co.

Court : US Supreme Court

..... purchased the business of timothy bresnahan, together with the entire capital stock of the boston shoe tool company. it employed bresnahan as manager for two years and bound him by contract not to thereafter "engage in . . . the manufacture of heel trimmings, edge trimmings, or edge setting machines and tools . . . or of any machines, tools, or product now ..... using machines of the shoe machinery company were to purchase and place a machine manufactured by an independent company in his establishment, the shoe machinery company could, under its contracts, withdraw all their machinery from the establishment and thereby wreck the business of the manufacturer." report of committee, p. 13. a statute of massachusetts forbidding patentees from ..... corporation has been effected under the laws of the state of new jersey, to be known as united shoes machinery company." "the united shoe machinery company has already contracted for more than a majority of the capital stock of goodyear shoe machinery company, consolidated & mckay lasting machine company, mckay shoe machinery company, goodyear shoe machinery company ..... such purchases should not be adjudged to have stifled competition unduly upon speculative estimates of the potential competitive power of new and untried inventions. upon similar considerations, certain contracts for assignment of future inventions are also held legitimate. the charge that the shoe machinery company's power has been oppressively used is not sustained. the patent law .....

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Apr 15 1918 (FN)

City of Mitchell Vs. Dakota Central Tel. Co.

Court : US Supreme Court

..... be substantial, not formal, and accordingly exercised jurisdiction. the second and third propositions mingle in discussion. the district court decided, as we have said, that ordinance 180 constituted a contract between the city and the company, and, exerting the right to interpret it, further decided that it gave the company the right to occupy the streets and compelled an injunction ..... then and now known as the mitchell telephone exchange, consisting of the poles and other property as well as certain real property used in connection therewith. after entering into the contract to purchase, and upon discovering the insufficiency of ordinance 174, the company applied to the city for ordinance 180, and when it was passed, completed the purchase from elce ..... that the judgment, if not actually conclusive upon the district court, must be accepted as of much weight in determining whether the later ordinance replaced the earlier and gave new contract rights to operate the city exchange. grants of rights or privileges by a state or its municipalities are strictly construed; what is not unequivocally granted is withheld; nothing passes ..... over a suit in which a telephone company, occupying streets of a city under ordinances passed pursuant to state law, seeks to enjoin, as an unconstitutional impairment of its contract rights and as involving a destruction of its property in violation of the due process clause of the fourteenth amendment, the execution of a later ordinance or resolution by which .....

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Mar 04 1918 (FN)

Cramp and Sons Co. Vs. Curtis Turbine Co.

Court : US Supreme Court

..... works of construction with public powers, and transferred to them the assumed license to violate patent rights to the end that they might be relieved of the obligations of their contracts, and entail upon the united states unenumerated and undetermined responsibility upon the assumption that the united states would be ultimately liable for the patent rights which the contractors might ..... law, it was insisted: "the united states, by act of eminent domain, acquired a license to use the invention of all existing patents, and therefore the transactions under the contracts for torpedo boat destroyers nos. 47, 48, 49 and 50, being merely the building of devices for a licensee under the patent in suit, were licensed transactions, and consequently ..... of such constitutionally protected property by official authority, much less does it intend that mere contractors with the government may make such appropriations without compensation, in the work under their contracts, upon the assumption that the united states ultimately will be liable under the statute for the rights so elected to be taken. crozier v. krupp, 224 u. s. 290 , ..... the benefit of the united states by officials of the government, in dealing with subjects within the scope of their authority, but under circumstances not justifying the implication of contract with the patentees. aside from exceptional cases where the authority of the united states to take under eminent domain may be said to be exerted in reliance upon this provision .....

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Dec 06 1920 (FN)

Chicago, M. and St. P. Ry. Co. Vs. Des Moines Union Ry. Co.

Court : US Supreme Court

..... u. s. 226 for the use of said property or parts thereof." in the course of time, the terminal company received not only payments from outside railroad companies under contracts technically for participation in the use of the terminal property, which have been credited to complainants and their predecessors according to their wheelage, but, in addition, substantial sums from ..... was not conferred. in support of the contention that the terminal property was not subject to any trust either before or after the amendments, defendants cite a series of contracts in which the terminal company asserted its ownership without qualification, and of conveyances, mortgages, etc., by the proprietary companies recognizing the legal title of the terminal company to ..... inconsistencies and ambiguities resolved accordingly. the provision of the articles that "all the powers exercised by this company shall be in accordance with the terms and spirit of the aforesaid contract" is not merely contractual, but amounts to a declaration of trust, and, together with the other evidence, shows clearly that the powers were procured from the state expressly ..... were to be referred to arbitration. the terminal company was organized by representatives of the three companies under articles of incorporation dated december 10, 1884, which recited the 1882 contract in full, with special emphasis upon the provision that a page 254 u. s. 204 depot company might be organized to take permanent charge of the property, and declared .....

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Jun 06 1921 (FN)

Texas Co. Vs. Hogarth Shipping Co., Ltd.

Court : US Supreme Court

..... implied condition that if. before the time for the voyage. the ship was rendered unavailable by such a supervening act as the requisition, the contract should be at an end and the parties absolved from liability under it. that the charter party was entered into in this country is not material ..... as a seaworthy vessel and capable of carrying cargo and earning freight and of entering on the voyage. all the fundamental conditions forming part of the contract of the shipowner were wanting at the time when the earning of freight could commence." here, the ship, although still in existence and entirely seaworthy ..... light co. v. columbus, 249 u. s. 399 , 249 u. s. 410 et seq. perhaps the oldest and most familiar application of the principle is to contracts for personal service, where performance is prevented by death or illness. robinson v. davison, (1871) l.r. 6 exch. 269; spalding v. rosa, 71 n.y. ..... responsible for its continued existence and availability, the contract must be regarded as subject to an implied condition that, if before the time for performance page 256 u. s. 630 and without the default ..... . it long has been settled in the english courts and in those of this country, federal and state, that where parties enter into a contract on the assumption that some particular thing essential to its performance will continue to exist and be available for the purpose, and neither agrees to be .....

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Feb 28 1921 (FN)

Stoehr Vs. Wallace

Court : US Supreme Court

..... feared he would lose that position if he took any other course. the district court, after reviewing the proofs at length, concluded that the contract was not prompted by commercial motives, nor based on an estimate of mutual advantages, and was not intended as a genuine business transaction, but ..... stoehr, the brother, the results of such dissolution being, of course, obviously unfortunate and conceivably disastrous" and saying of the 14,900 shares: "regarding the contract for the purchase of said 14,900 shares of stoehr & sons, incorporated, from stoehr & co., of leipzig, germany, it has been fully explained that ..... and the botany worsted mills, he being the attorney who had advised and assisted the stoehrs in adjusting their copartnership affairs and in making the contract. february 5, 1918, while heyn was attending one of the conferences, hans e. stoehr, as president of the new york corporation and treasurer ..... 000 was to be retained by the german corporation, and neither corporation was to have "any further claim against the other" by reason of the contract. possibly the stipulated price was less than the actual value; but, however this may have been, the assets and situation of the new york ..... the proofs that the german corporation was the beneficial owner, that the new york corporation had no actual interest in the shares, and that the contract between those corporations, stressed by the plaintiff, "was not intended to represent the real purpose of the parties at all, but to serve as .....

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Dec 04 1922 (FN)

Portsmouth Harbor Land and Hotel Co. Vs. United States

Court : US Supreme Court

..... interests in land without first instituting condemnation proceedings had been largely removed. we know that, by act of june 30, 1906, c. 3914, 34 stat. 764, a contract involving payment of money may not be made in excess of appropriations. 30 op. attys.gen. 147, 149. we know that act of march 3, 1919, c ..... promise, and there is not to be found in the petition, or in the exhibits incorporated by reference, a single allegation, however general, of an implied contract. this omission would not be fatal if the petition set forth the facts essential to the existence of the cause of action. but it does not. an ..... set forth in the petition would, alone or in connection with other evidence, justify the court in finding such a taking and the implied contract. the case was heard on demurrer to the petition; the facts therein set forth must therefore be taken as the ultimate facts, and they must be ..... that the government took, by eminent domain, the land or an easement therein, and that such taking, if made under circumstances which give rise to a contract implied in fact to pay compensation, will entitle the owner to sue in the court of claims. but the question here is not whether the facts ..... do the acts, even if the possible legal consequences were unforeseen. if the acts amounted to a taking, without assertion of an adverse right, a contract would be implied whether it was thought of or not. the repetition of those acts through many years and the establishment of the fire control may be .....

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Jun 05 1922 (FN)

United Mine Workers Vs. Coronado Coal Co.

Court : US Supreme Court

..... of bache's men for defense. it offered protection, and its burning was only a part of the general destruction. bache's breach of his contract with the district no. 21, in employing nonunion men three months before it expired, his attempt to evade his obligation by a hugger-mugger of ..... united mine workers of america, dated chicago, january 28, 1898, it was stipulated: "that the united mine workers organization, a party to this contract, do hereby further agree to afford all possible protection to the trade and to other parties hereto against any unfair competition resulting from a failure to ..... the business of the corporation. surely no stricter rule can be enforced against an unincorporated organization like this. here, it is not a question of contract, or of holding out an appearance of authority, on which some third person acts. it is a mere question of actual agency, which the ..... cases, the president appoints a financial agent to assume responsibility for money to be expended from the international funds, and he only can make binding contracts. there is a uniform system of accounting as to the disbursements for strikes. the membership of the union has reached 450,000. the dues received ..... company, closed down and discontinued as union mines, preparatory to reopening as open shop mines in april. they were to be operated under a new contract by the mammoth vein coal mining company. another of the companies, the hartford coal company, which had not been in operation, planned to start .....

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Apr 10 1922 (FN)

Standard Fashion Co. Vs. Magrane-houston Co.

Court : US Supreme Court

..... two years from its date and from term to term thereafter until terminated by either party by giving three months' notice within thirty days after the expiration of any contract period, the contract to continue in effect during such three months, held, where notice was not given after the first two years, to have remained effective for two years longer and ..... patterns were sold. either party desiring to terminate the agreement was required to give the other party three months' notice in writing within thirty days after the expiration of any contract period, the agency to continue during such three months. upon expiration of such notice, respondent agreed to promptly return to petitioner all standard patterns, and petitioner agreed to ..... petitioner. respondent agreed to purchase a certain number of patterns. upon expiration of the notice of termination, the respondent agreed to promptly return all standard patterns bought under the contract. in the event of the disposition of the business property of the respondent at washington street and temple place, the respondent might deliver its stock of standard patterns to ..... reach the agreements embraced within its sphere in their incipiency, and, in the section under consideration, to determine their legality by specific tests of its own which declared illegal contracts of sale made upon the agreement or understanding that the purchaser shall not deal in the goods of a competitor or competitors of the seller which "may substantially lessen .....

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