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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1940 Page 1 of about 33 results (0.060 seconds)

Dec 16 1940 (FN)

United States Vs. Northern Pacific Ry. Co.

Court : US Supreme Court

Decided on : Dec-16-1940

..... government is entitled to prove, if it can, any damage to it, or advantage to the company, which resulted from this breach of contract. p. 311 u. s. 368 . 20. the company's right to receive patents for indemnity lands outside of the reserves for which selections were filed with the department of the interior prior to june 5, 1924, cannot be ..... 1870 embodied an offer that, if the company would construct and operate the railroad, it should receive the granted lands; that this offer had ripened into a contract by the company's acceptance and performance; that the promise of indemnity for granted lands not available to the company was a vested right protected from destruction; that, though the lands in the ..... . paragraph xxviii of the complaint refers to the act of february 26, 1895, [ footnote 32 ] providing for the examination and classification, as mineral or non-mineral, of place and indemnity lands within four land districts in idaho and montana; recites the appointment and functioning of the commissions authorized by the act; alleges that the commissioners undertook to classify approximately 11 ..... lands available for selection only non-mineral surveyed vacant land. the company asserts that, in this, the court was right. the government insists that vacant unsurveyed lands were "available" as indemnity to the company notwithstanding the concession that, as lands selected must be identified, the company cannot select them until they have been so identified by survey. [ footnote 18 ] it .....

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Mar 25 1940 (FN)

Puerto Rico Vs. Rubert Hermanos, Inc.

Court : US Supreme Court

Decided on : Mar-25-1940

..... , within a term of not more than six months counting from the date on which final sentence is rendered." "in every case, alienation or confiscation shall be through the corresponding indemnity as established in the law of eminent domain." [ footnote 2 ] 3 of the joint resolution provides: "no corporation shall be authorized to conduct the business of buying and selling real ..... warranto in the name of the puerto rico; or whenever any corporation, by itself or through any other subsidiary or affiliated entity or agent, exercises rights, performs acts, or makes contracts in violation of the express provisions of the organic act of puerto rico or of any of its statutes, the attorney general or any district attorney, either on his own .....

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May 27 1940 (FN)

United States Vs. American Trucking Assns., Inc.

Court : US Supreme Court

Decided on : May-27-1940

..... ; united states v. stone & downer co., 274 u. s. 225 , 274 u. s. 239 ; gulf states steel co. v. united states, 287 u. s. 32 , 287 u. s. 45 ; royal indemnity co. v. american bond & m. co., 289 u. s. 165 , 289 u. s. 169 ; lincoln v. ricketts, 297 u. s. 373 , 297 u. s. 376 ; foster v. united states, 303 ..... (1) and (2) [of 204] to confer power on the commission to establish reasonable requirements with respect to the qualifications and maximum hours of service of employees of common and contract carriers, . . . this suggestion came to us, i think, from the chairman of the legislative committee of the interstate commerce commission. . . ." "in order to make the highways more safe, and ..... appellees petitioned a three-judge district court to compel the commission to take jurisdiction and consider the establishment of qualifications and hours of service of all employees of common and contract carriers by motor vehicle. [ footnote 13 ] the administrator of the wage and hour division was permitted to intervene. [ footnote 14 ] the district court reversed the commission, set aside its ..... and express, uniform systems of accounts, records, and reports, preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." "(2) to regulate contract carriers by motor vehicle as provided in this part, and to that end the commission may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation .....

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May 06 1940 (FN)

United States Vs. Socony-vacuum Oil Co., Inc.

Court : US Supreme Court

Decided on : May-06-1940

..... prices aforesaid and have arbitrarily exacted from jobbers within said district large sums of money. defendant major oil companies (with the exception of gulf) have solicited and taken contracts and orders for said gasoline within said district, sometimes by sales representatives located there, which district has been an important market for their product and they have required ..... maintained such prices at artificially high and noncompetitive levels and at levels agreed upon among them, . . . and have thereby intentionally increased and fixed the tank car prices of gasoline contracted to be sold, and sold, in interstate commerce as aforesaid in the midwestern area (including the western district of wisconsin). . . ." it is further alleged that the defendants have ..... spot markets; (2) raised, fixed, and maintained those prices at artificially high and noncompetitive levels, and "thereby intentionally increased and fixed the tank car prices of gasoline contracted to be sold and sold in interstate commerce as aforesaid in the mid-western area (including the western district of wisconsin);" (3) have "exacted large sums of money ..... of all gasoline distributed to retail service stations therein, the bulk of the jobbers' purchases being made from the defendant companies. the price to the jobbers under those contracts with defendant companies is made dependent on the spot market price, pursuant to a formula hereinafter discussed. and the spot market tank car prices of gasoline directly and .....

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May 27 1940 (FN)

Apex Hosiery Co. Vs. Leader

Court : US Supreme Court

Decided on : May-27-1940

..... terms and conditions of their employment . . . ," and expressly protects the right of self-organization, recognizes the strike as a proper union weapon and permits closed-shop contracts. the public contracts act, 49 stat. 2036, 41 u.s.c. 35-48, and aimed at preventing price competition in government bidding based on wage cutting and authorizes the establishment ..... illegal means by which interstate commerce is restrained, whether by unlawful combinations of capital, or unlawful combinations of labor; and we think, also, whether the restraint be occasioned by unlawful contracts, trusts, pooling arrangements, black lists, boycotts, coercion, threats, intimidation, and whether these be made effective, in whole or in part, by acts, words, or printed matter ..... the committee on finance to inquire into, and report in connection with, revenue bills "such measures as it may deem expedient to set aside, control, restrain or prohibit all arrangements, contracts, agreements, trusts, or combinations between persons or corporations, made with a view, or which tend to prevent free and full competition . . . with such penalties and provisions . . ..... classes of restraints were not outlawed when deemed reasonable, usually because they served to preserve or protect legitimate interests, previously existing, of one or more parties to the contract. [ footnote 18 ] in seeking more effective protection of the public from the growing evils of restraints on the competitive system page 310 u. s. 498 effected by .....

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Apr 22 1940 (FN)

Maurer Vs. Hamilton

Court : US Supreme Court

Decided on : Apr-22-1940

..... , preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." subdivision (2) imposes a like duty upon the commission to regulate "contract carriers." subdivision (3) imposes the duty "to establish for private carriers of property by motor vehicle, if need therefor is found, reasonable requirements to promote safety of operation, ..... operations of such vehicles should be forbidden. the safety regulations heretofore prescribed by us, of course, apply to these as well as other vehicles operated by common and contract carriers in interstate or foreign commerce. the operations of vehicles so equipped are therefore permitted by the existing regulations, and there is no need for change." (p. 132 ..... commission, purporting to act under the motor carrier act, had promulgated regulations effective july 1, 1936, with respect to "safety of operation and equipment" of common and contract motor carriers in interstate commerce, subject to the act. these regulations contained no provisions specifically applicable to cars carried over the cab of the carrier vehicle. on march 11 ..... federal motor carrier act empowers the interstate commerce commission to establish reasonable requirements with respect to "safety of operation and equipment" of motor vehicles of common and contract carriers in interstate commerce, but its authority with respect to sizes and weights of vehicles is expressly limited in 225 to investigation and report on the need of .....

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May 20 1940 (FN)

Dampskibsselskabet Dannebrog Vs. Signal Oil Co.

Court : US Supreme Court

Decided on : May-20-1940

..... difficulty which blocked recovery by the coal company was "solely that it did not furnish coal to the vessels." there "was no understanding when the contract was made, or when the coal was delivered by the libelant, that any part of it was for any particular vessel or even for the ..... which petitioner cites are not apposite. in piedmont & george's creek coal co. v. seaboard fisheries co., supra, the coal company had made a contract with a corporation, which owned both steamers and factories, to furnish such coal as should be required. the court observed that the difficulty which confronted the ..... etc., furnished in home ports and those furnished in foreign ports. it did away with the doctrine that, when the owner of a vessel contracted in person for necessaries or was present in the port when they were ordered, it was presumed that the materialman did not intend to rely ..... may, 1933, the parties modified the contract so as to include the fuel oil requirements of vessels owned, chartered or operated by w. l. comyn & sons. later, the respective owners of the ..... the respondent is entitled to maritime liens for fuel oil delivered to petitioners' vessels. in september, 1932, respondent, signal oil and gas company, made a contract with the anglo canadian shipping company, limited, agreeing to sell fuel oil to any vessel which the anglo canadian company might own, charter or operate. in .....

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Apr 22 1940 (FN)

Western Union Telegraph Co. Vs. Nester

Court : US Supreme Court

Decided on : Apr-22-1940

..... to the plaintiffs the special damages they ask, they are entitled, under the facts alleged and proved, to the sum stipulated as liquidated damages in the contract. . . . here, the plaintiffs, under the facts alleged in the complaint and proved at the trial, have shown themselves entitled to recovery even ..... that this standard form had been duly filed with the federal communications commission, and was treated by the parties as a statement of the contract between them. certain of the conditions contained therein are printed below. 309 u. s. s. 585? the point for determination here arises out ..... money order referred to in the plaintiff's complaint was delivered to and accepted by the defendants subject to the terms of the standard money order contract of the western union telegraph company, a copy of which is hereto annexed. " page 309 u. s. 584 it is not now denied ..... 587 reversed. certiorari, post, p. 643, to review the affirmance of a judgment against a telegraph company in an action for breach of a money order contract. 25 f.supp. 478. mr. justice mcreynolds delivered the opinion of the court. respondents, nester and charles, are partners in mining operations near aramecina, republic ..... u.s. 582 certiorari to the circuit court of appeals for the ninth circuit syllabus a telegraph company undertook to transmit a money order, the contract providing that it should not be liable for damages for delay or nonpayment, though due to negligence, "beyond the sum of five hundred dollars .....

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Nov 12 1940 (FN)

Fleischer Engineering and Constr. Co. Vs. United States

Court : US Supreme Court

Decided on : Nov-12-1940

..... 794, 40 u.s.c. sec. 270b: "(a) every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under section 270a of this title and who has not been paid in full therefor before the expiration of a ..... notice was in writing and was sent by mail, and that it reached one of the two contractors who had jointly and severally agreed to perform the contract. and, at this bar, the actual receipt of the notice and the sufficiency of its statements have not been challenged. in giving the statute a reasonable ..... on a bond given by two contractors, with sureties, page 311 u. s. 16 to secure payment for labor and material supplied for the performance of a contract with the united states. mr. chief justice hughes delivered the opinion of the court. the united states brought this suit on behalf of george s. hallenbeck ..... fleisher engineering & construction company and joseph a. bass, with their sureties, and providing for the payment for labor and material furnished under a contract between the principals on the bond and the united states for the construction of a certain housing project. part of the labor required by the ..... contract was performed by hallenbeck for a subcontractor with the approval of the contractors. the suit was brought under the miller act of august 24, .....

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Nov 12 1940 (FN)

Helvering Vs. Northwest Steel Rolling Mills, Inc.

Court : US Supreme Court

Decided on : Nov-12-1940

..... be regulated, limited, or restrained by law. [ footnote 16 ]" it is clear, therefore, that what prohibited respondent from distributing dividends was not the provision of an executed written contract expressly dealing with the payment of dividends. on the contrary, what prohibited respondent from paying dividends was a valid law of the washington. [ footnote 17 ] second. respondent contends ..... the charter provision that the corporation should obey washington law, including the statutory prohibition page 311 u. s. 52 against distributing dividends, was a provision of a written contract executed by respondent. more, the constitution of the state of washington under which the general corporation laws were enacted provides that "all laws relating to corporations may be ..... contractual in their nature. the same legislative act is a law as well as a grant, and this court has held that the same legislative enactment may be both a contract -- which cannot be impaired -- and a law, subject to repeal, modification, alteration, or amendment within the general legislative powers. [ footnote 14 ] respondent's chief reliance ..... computation of the tax imposed by 14 on undistributed profits, a credit for such undistributed earnings as the corporation could not distribute without violating "a provision of a written contract executed by the corporation . . . which provision expressly deals with the payment of dividends." held that, where the restriction on distribution by the corporation was the result .....

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