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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1965 Page 1 of about 43 results (0.054 seconds)

Oct 13 1965 (FN)

United States Vs. Yazell

Court : US Supreme Court

Decided on : Oct-13-1965

..... and conditions upon which it will make needed purchases." mrs. yazell would subscribe to that proposition -- indeed, the brunt of her case is that the government, in entering ordinary commercial contracts, should be treated "like private individuals and businesses." [ footnote 20 ] see note 1 supra. [ footnote 21 ] it is worth noting that, in the only situation where the united states ..... modified form, in michigan. [ footnote 22 ] but the government's brief tells us that there are 10 other states which limit in some degree the capacity of married women to contract. [ footnote 23 ] in some of these states, such as california, the limitations upon the wife's capacity and responsibility are part of an ingenious, complex, and highly purposeful ..... accordingly, generalities as to the paramountcy of the federal interest do not lead inevitably to the result the government seeks. our problem remains: whether, in connection with an individualized, negotiated contract, the federal government may obtain a preferred right which is not provided by statute or specific agency regulation, which was not a part of its bargain, and which requires overriding ..... argument in favor of a federal rule. ibid. no such difficulty exists here, of course. in royal indemnity co. v. united states, 313 u. s. 289 , cited by the government for the proposition that "the rights of the united states under contracts entered into as part of an authorized nationwide program are to be determined by federal, and not by state .....

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Mar 08 1965 (SC)

Fazlul Rabbi Pradhan Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Mar-08-1965

Reported in : AIR1965SC1722; [1965]3SCR307

..... free from all incumberances. section 3 of the act provided that the act was to have effect notwithstanding anything to the contrary contained in any other law or in any contract express or implied or in any instrument and notwithstanding any usage or custom to the contrary. there were, however, some exceptions and one such exceptions was that an intermediary was .....

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Mar 03 1965 (SC)

The Morvi Mercantile Bank Ltd. and anr. Vs. Union of India (Uoi), Thro ...

Court : Supreme Court of India

Decided on : Mar-03-1965

Reported in : AIR1965SC1954; [1965]35CompCas629(SC); [1965]3SCR254

..... in the second place, there has been a significant change in the law in view of the legislative amendment of s. 178 of the contract act by the indian contract (amendment) act. 1930. in the present case, therefore, our concluded opinion is that there is no valid pledge of the consignments of menthol ..... the goods; they were mainly concerned with the question whether an endorsee of a railway receipt for consideration could maintain an action on the basis of the contract embodied in the said receipt: see the firm of dolatram dwarakdas v. the bombay baroda and central india railway co. c); shah muji deoii v ..... exceptions to the general rule that a person cannot confer on another a higher title than he possesses. the argument that s. 178 of the contract act, as amended in 1930. restricts the scope of the earlier section and confines it only to a mercantile agent was noticed by the judicial ..... that it expressly includes therein railway receipt. under s.4 thereof the chapter and the sections of the act shall be taken as part of the indian contract act, 1872. in 1930 parliament in enacting the indian sale of goods act, 1930, presumably borrowed the definition of "documents of title to goods" ..... be withheld until the person entitled in its opinion to receive them has given an indemnity to the satisfaction of the railway company." in the present case the plaintiff has not proved by proper evidence an assignment of the contract of carriage. in our opinion, the law on the point has been correctly stated .....

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Jun 07 1965 (FN)

Meat Cutters Vs. Jewel Tea

Court : US Supreme Court

Decided on : Jun-07-1965

..... , that progress and stability for both employers and employees can be achieved only through collective bargaining agreements involving mutual rights and responsibilities. this history also shows that labor contracts establishing more or less standardized wages, hours, and other terms and conditions of employment in a given industry or market area are often secured either through bargaining with ..... approach to the subject of wages,' . . . but a direct frontal attack upon a problem thought to threaten the maintenance of the basic wage structure established by the collective bargaining contract," id. at 358 u. s. 294 , the paramount federal policy of encouraging collective bargaining proscribed application of the state law. see also meat drivers v. united states, 371 ..... the unions, certain of their officers, associated, and charles h. bromann, secretary-treasurer of associated, seeking invalidation under 1 and 2 of the sherman act of the contract provision that prohibited night meat market operations. the gist of the complaint was that the defendants and others had conspired together to prevent the retail sale of fresh meat ..... pp. 381 u. s. 709 -710. (c) multiemployer bargaining is not illegal or opposed to the national labor policy. pp. 381 u. s. 712 -713. (d) labor contracts establishing standardized wages, hours or other conditions of employment are often secured by bargaining with multiemployer associations or through bargaining with market leaders that sets a "pattern," and the policy .....

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Apr 28 1965 (FN)

Paragon Jewel Coal Co., Inc. Vs. Commissioner

Court : US Supreme Court

Decided on : Apr-28-1965

..... , " . . . if an opportunity opened up, [it] wanted to go back to roadbuilding," id. at 359 u. s. 216 , for which its shovels and bulldozers were primarily designed. the contracts of both petitioners in parsons were made terminable on very short notice. thus, the strippers in parsons were clearly independent contractors hired to do the stripping, not entrepreneurs with a ..... , and therefore is entitled to great weight. further, we believe that additional support is given to our construction by subsequent statutory enactments. as noted above, an owner who, by contract, disposes of the coal in place while retaining an economic interest is relegated to capital gains treatment of the royalties received. however, exemptive language in 631(c) [ footnote 10 ..... consistently regarded as a matter of legislative grace. [ footnote 8 ] we therefore must look to the code provisions and regulations in effect during the years involved to determine whether these contract coal miners acquired a depletable interest in the coal in place. page 380 u. s. 632 section 611(a) provides for "a reasonable allowance for depletion . . . according ..... was to receive the depletion, the tax court found that paragon expected to receive that deduction, and had fixed its per-ton fee for mining with this in mind. the contracts were also silent regarding termination, and were apparently for an indefinite period. however, numerous contractors quit mining, and some sold their equipment, buildings, tracks, etc., to others. .....

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Mar 29 1965 (FN)

American Ship Building Co. Vs. Labor Board

Court : US Supreme Court

Decided on : Mar-29-1965

..... , maintain his commercial operations while the strikers bear the economic brunt of the work stoppage. similarly, the employer can institute unilaterally the working conditions which he desires once his contract with the union has expired. given these economic weapons, it is argued, the employer has been adequately equipped with tools of economic self-help. there is, of course, ..... before may 1, 1961, when the unions notified the company of their intention to seek modification of the current contract, due to expire on august 1. at the initial bargaining meeting on june 6, 1961, the company took the position that its competitive situation would not allow increased ..... of the ships. since 1952, the employer has engaged in collective bargaining with a group of eight unions. prior to the negotiations here in question, the employer had contracted with the unions on five occasions, each agreement having been preceded by a strike. the particular chapter of the collective bargaining history with which we are concerned opened shortly ..... of columbia circuit syllabus petitioner, operator of four shipyards, entered negotiations with the unions representing its employees for the purpose of securing a new agreement to replace the current contract, soon to expire. after a bargaining impasse was reached, petitioner temporarily closed down one yard and laid off employees at the others. the national labor relations board found .....

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Jan 18 1965 (FN)

City of El Paso Vs. Simmons

Court : US Supreme Court

Decided on : Jan-18-1965

..... 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 07 1965 (FN)

Griswold Vs. Connecticut

Court : US Supreme Court

Decided on : Jun-07-1965

..... our memory, and went no farther than an unpretentious assertion of the liberty to follow the ordinary callings. later, that innocuous generality was expanded into the dogma, liberty of contract. contract is not specially mentioned in the text that we have to construe. it is merely an example of doing what you want to do, embodied in the word liberty. but ..... home and bring up children," mr. justice mcreynolds also asserted the heretofore discredited doctrine that the due process clause prevented states from interfering with "the right of the individual to contract." 262 u.s. at 262 u. s. 399 . [ footnote 2/8 ] compare poe v. ullman, 367 u.s. at 367 u. s. 53 -54 (harlan, j., dissenting). [ footnote ..... state law is "fair, reasonable and appropriate," or is rather "an unreasonable, unnecessary and arbitrary interference with the right of the individual to his personal liberty or to enter into . . . contracts," lochner v. new york, 198 u. s. 45 , 198 u. s. 56 . states, under this philosophy, cannot act in conflict with "deeply rooted feelings of the community," haley v ..... that courts can strike down legislative enactments which violate the constitution. this process, of course, involves interpretation, and since words can have many meanings, interpretation obviously may result in contraction or extension of the original purpose of a constitutional provision, thereby affecting policy. but to pass upon the constitutionality of statutes by looking to the particular standards enumerated in the .....

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Jun 07 1965 (FN)

United Mine Workers Vs. Pennington

Court : US Supreme Court

Decided on : Jun-07-1965

..... the act to encourage the practice of collective bargaining." 37 n.l.r.b. at 341. permitting insistence on an agreement by the union to attempt to impose a similar contract on other employers would likewise seem to impose a restraining influence on the extent of collective bargaining, for the union could avoid an impasse only by surrendering its freedom to ..... a set of prices at which the mine operators would be required to sell their coal, the union and the employers who happened to agree could not successfully defend this contract provision if it were challenged under the antitrust laws by the united states or by some party injured by the arrangement. cf. allen bradley co. v. union, 325 u. s ..... of contractors selling coal to the tva, such minimum wage being much higher than in other industries and making it difficult for small companies to compete in the tva term contract market. at a later time, at a meeting attended by both union and company representatives, the tva was urged to curtail its spot market purchases, a substantial portion of which ..... or to settle these matters for the whole industry, nor does it allow an employer to condition the signing of an agreement on the union's imposition of a similar contract on his competitors. pp. 381 u. s. 666 -667. (d) antitrust policy clearly restricts employer-union agreements seeking to set labor standards outside the bargaining unit, in view of the .....

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Jun 01 1965 (FN)

Atlantic Refining Vs. Ftc

Court : US Supreme Court

Decided on : Jun-01-1965

..... commission could appropriately conclude that this course of conduct required forbidding the use of sales commission plans by goodyear completely. this order does not necessarily prohibit goodyear from making contracts with companies not possessed of economic page 381 u. s. 377 power over their dealers. the evidence in this particular record, however, does involve relationships such as ..... the use of oil company power, to effectively sew up large markets. upon considering the destructive effect on commerce that would result from the widespread use of these contracts by major oil companies and suppliers, we conclude that the commission was clearly justified in refusing the participants an opportunity to offset these evils by a showing of economic ..... ." on one occasion, a list of 46 such dealers was furnished atlantic officials by goodyear. the commission found that "the entire group . . . was thereafter signed to goodyear contracts, and goodyear advertising signs were installed at their stations." id. at 346-347. the effectiveness of the program is evidenced by the results. within seven months after the agreement, ..... market for those products. since at least 1932, atlantic has been distributing such products to its dealers. in 1951, it inaugurated the sales commission plan. [ footnote 6 ] its contract with goodyear covered three page 381 u. s. 365 regions: philadelphia-new jersey, new york state, and new england. the goodyear-atlantic agreement required atlantic to assist goodyear " .....

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