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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1960 Page 2 of about 50 results (0.063 seconds)

Feb 23 1960 (FN)

Lewis Vs. Benedict Coal Corp.

Court : US Supreme Court

Decided on : Feb-23-1960

..... amount payable to the fund, but could withhold the amount which is owing it for breach of the union's undertaking. the court holds that this is not such a contract, although the agreement was not merely a single document with obviously interrelated sections, but specifically provided, "this agreement is an integrated instrument, and its respective provisions are interdependent ..... really another form of compensation to the employees, [ footnote 10 ] and, as such, the obligation to pay royalty might be thought to be incorporated into the individual employment contracts. this is not to say that the same treatment should necessarily be accorded to royalty payments as is accorded to wages, but the similarity militates against the inference page 361 ..... the provision in another article that the no-strike clauses are "part of the consideration of this contract." however, the specific provisions of the article creating the fund provide: (1) "during the life of this [collective bargaining] agreement, there shall be paid into such fund by ..... is to be construed as making performance by the union of its promises a condition precedent to benedict's promise to pay royalty to the trustees. benedict argues that the contracting parties expressed this meaning in an article at the close of the agreement -- "this agreement is an integrated instrument, and its respective provisions are interdependent" -- and in .....

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Jun 13 1960 (FN)

Texas Gas Transmission Corp. Vs. Shell Oil Co.

Court : US Supreme Court

Decided on : Jun-13-1960

..... , and the order in question was order no. 174-b, now incorporated in regulations under the natural gas act, 18 cfr 154.92-154.93. [ footnote 2 ] the contract was actually between shell and louisiana natural gas corporation, a wholly owned subsidiary of the petitioner, texas gas transmission corporation. the subsidiary was merged into its parent in 1955. [ footnote ..... formula. in its essential respects, the atlantic price adjustment was no different from the latter, page 363 u. s. 276 for the atlantic adjustment was required under a preexisting contract, and texas gas was powerless to prevent it. we therefore hold that the court of appeals erred in its interpretation of the "favored nation" clause, and that the commission ..... other producers. [ footnote 10 ] in contrast, shell concedes that this "favored nation" clause would not be triggered by higher prices paid by texas gas to other producers under preexisting contracts by way of automatic increases or increases which are mathematically determined. the most reasonable explanation for the inclusion of the concededly more limited clause is that the parties meant to ..... of some method which would have foreordained the adjustments in precise amounts. the letter agreement in discharge of this obligation assumed in 1943 is thus simply "executory of the [1943] contract between the parties." phillips petroleum co. v. federal power commission, 227 f.2d 470, 475. we therefore agree with the commission's holding that the letter agreement "merely .....

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Jun 27 1960 (FN)

Armstrong Vs. United States

Court : US Supreme Court

Decided on : Jun-27-1960

..... that limitation. petitioners, however, were not parties to the contract. furthermore, their liens attached by operation of law and nothing in the record indicates that the scope of such liens is affected by contractual arrangements into which the owner of ..... present a difficult problem of valuation, we cannot say on this record that petitioners' interests were valueless. [ footnote 3 ] the government also seems to suggest that because the contract between rice and the united states expressly page 364 u. s. 46 gave the government the option of requiring a conveyance of title upon default, petitioners' liens attached subject to ..... only to the extent of progress payments made and materials furnished by the government. the very clause here invoked by the government provided that, upon default and termination of the contract, the government might "require the contractor to transfer title and deliver " the work, supplies and materials on hand. (emphasis added.) while the government was obliged to make ..... public policy, cannot be seized by authority of another sovereignty against the consent of the government." 218 u.s. at 218 u. s. 471 . the terms of the contract between rice and the united states show conclusively that rice, not the united states, had title to the property when petitioners furnished their materials. the agreement provided for delivery, preliminary .....

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Jun 20 1960 (FN)

Steelworkers Vs. Warrior and Gulf Co.

Court : US Supreme Court

Decided on : Jun-20-1960

..... to the exclusive jurisdiction of arbitrators. but the question is one of jurisdiction. neither may entrench upon the jurisdiction of the other. the test is: did the parties in their contract "manifest by plain language" ( moorman, supra, at 338 u. s. 462 ) their willingness to submit the issue in controversy to arbitrators? if they did, then the ..... : "[m]atters which are strictly a function of management shall not be subject to arbitration under this section." although acquiescing for 19 years in the employer's interpretation that contracting out work was "strictly a function of management," and having repeatedly tried -- particularly in the negotiation of the agreement involved here -- but unsuccessfully, to induce the employer ..... being the " quid pro quo " for the agreement not to strike. textile workers v. lincoln mills, 353 u. s. 448 , 353 u. s. 455 . [ footnote 5 ] "contracts which ban strikes often provide for lifting the ban under certain conditions. unconditional pledges against strikes are, however, somewhat more frequent than conditional ones. where conditions are attached to no ..... respondent's barges. a number of employees signed a grievance which petitioner presented to respondent, the grievance reading: "we are hereby protesting the company's actions of arbitrarily and unreasonably contracting out work to other concerns that could and previously has been performed by company employees. " "this practice becomes unreasonable, unjust and discriminatory in lieu [ sic ] of the .....

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Jun 06 1960 (FN)

Ftc Vs. Henry Broch and Co.

Court : US Supreme Court

Decided on : Jun-06-1960

..... . justice frankfurter, mr. justice harlan and mr. justice stewart join, dissenting. the court holds, in effect, that the action of an independent broker, engaged by a seller, in reducing his contract rate of commission for the purpose of enabling the seller to make a sale to a buyer at a reduced price, constitutes the granting of an allowance in lieu of ..... , 74th cong., 2d sess., p. 7. "this phrasing of the law was obviously designed to prevent evasion of the restriction through a mere modification of the form of the sales contract. it was assumed that large buyers would seek to convert the brokerage which they had hitherto received into an outright price reduction." zorn and feldman, business under the new price ..... . in both cases, the result is that the buyer has received a discriminatory price. in both cases, the seller's broker reduces his usual brokerage fee to get a particular contract. there is no difference in economic effect between the seller's broker splitting his brokerage page 363 u. s. 175 commission with the buyer [ footnote 15 ] and his yielding part .....

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Mar 21 1960 (FN)

Flora Vs. United States

Court : US Supreme Court

Decided on : Mar-21-1960

..... u. s. 158 . as a result of that case, collectors of customs who collected monies, paid under protest, resorted to the practice of withholding such amounts from the government as indemnity against loss should a refund suit against them be successful. see plumb, tax refund suits against collectors of internal revenue, 60 harv.l.rev. 685, 688-689. that practice led ..... the district courts over "all claims [against the united states, not exceeding $1,000] founded upon the constitution of the united states or any law of congress, . . . or upon any contract, expressed or implied, with the government of the united states, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would .....

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Feb 29 1960 (FN)

United States Vs. Parke, Davis and Co.

Court : US Supreme Court

Decided on : Feb-29-1960

..... consideration" in favor of permitting a seller to choose his customers. but we are left wholly in the dark as to what the purported new standard is for establishing a "contract, combination . . . or conspiracy." second. the court is mistaken in attributing to the district court the limited view that parke davis' activities should, under colgate, be upheld unless they ..... was carried forward by bausch & lomb, later established that such agreements or contractual arrangements need not be shown. recognizing that 1 and 3 of the sherman act explicitly require a "contract, combination . . . or conspiracy," the court says this requirement is satisfied by conduct which falls short of express or implied agreement if it goes beyond the seller's mere ..... in restraint of trade or commerce . . . between the district of columbia and any state or states or foreign nations, is hereby declared illegal. every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor. . . ." "sec. 4. the several district courts of the united states are hereby invested ..... a customer who will not observe his announced policy. in the cases decided before beech-nut, the court's inquiry was directed to whether the manufacturer had entered into illicit contracts, express or implied. the district court in this case apparently assumed that the government could prevail only by establishing a contractual arrangement, albeit implied, between parke davis and its .....

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Jun 27 1960 (FN)

Sun Oil Co. Vs. Fpc

Court : US Supreme Court

Decided on : Jun-27-1960

..... , our action in this proceeding shall not foreclose nor prejudice any future proceedings or objection relating to the operation of any price or related provision in the gas purchase contracts herein involved." [ footnote 3 ] there are slight discrepancies in comparison between the old and new rates, due to the fact that they are computed on somewhat different ..... belief to say that under these circumstances the commission tendered and the applicants received these certificates under the assumption that they were limited in time to the terms of the contracts on which the applications were based. affirmed. [for dissenting opinion of mr. justice harlan, whom mr. justice frankfurter, mr. justice whittaker, and mr. justice stewart join, ..... applied for a certificate "authorizing the sale of natural gas in the circumstances . . . described" in its application. the described circumstances consisted simply of a reference to its contract with southern natural, which was at the same time submitted by petitioner as its rate schedule. in an abbreviated and consolidated proceeding disposing of over 100 separate docket certificate applications ..... company, is an independent producer making sales of natural gas to transmission companies in interstate commerce for ultimate resale to the public. in 1947, it entered into a contract with the southern natural gas company, a transmission company, for the sale of natural gas which petitioner controlled in the gwinville gas field in jefferson davis and simpson .....

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May 16 1960 (FN)

Wyatt Vs. United States

Court : US Supreme Court

Decided on : May-16-1960

..... . it cannot be assumed that it is indifferent to sacred things, or that it means to lower the holy relations of husband and wife to the material plane of simple contract. so, before any departure from the rule affirmed through the ages of the common law . . . can be adjudged, the language declaring the legislative will should be so clear as to .....

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May 02 1960 (FN)

Milk Producers Assn. Vs. United States

Court : US Supreme Court

Decided on : May-02-1960

..... embassy" upon which the judgment against it was based is protected against sherman act prosecutions by the capper-volstead act's provisions that cooperatives can lawfully make "the necessary contracts and agreements" to process, handle and market milk for their producer members. the embassy assets the association acquired are useful in processing and marketing milk, and we may ..... or to ship to baltimore, thus both bringing more milk to the association and diverting competing milk to another market; eliminate the association's prime competitive dealer from government contract milk bidding; and increase the association's control of the washington market. on these findings, amply supported by evidence, the district court could properly conclude, as it did ..... that among "the legitimate objects" of farmer organizations were "collectively processing, preparing for market, handling, and marketing" products through common marketing agencies, and the making of "necessary contracts and agreements to effect such purposes." we believe it is reasonably clear from the very language of the capper-volstead act, as it was in 6 of the clayton act ..... attempted to monopolize interstate trade and commerce in fluid milk in maryland, virginia and the district of columbia, in violation of 2 of the sherman act; (2) through contracts and agreements combined and conspired with embassy dairy and others to eliminate and foreclose competition in the same milk market area, in violation of 3 of the sherman act; .....

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