Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1967 Page 1 of about 42 results (0.114 seconds)

1967

Rederi a/B Disa Vs. Cunard Steamship Co.

Court : US Supreme Court

Decided on : Jan-01-1967

..... owner then claimed that cunard was liable to indemnify it for any damages it might have to pay cunard's employee. if the claim of indemnity is considered to be a dispute arising under the charter contract, that contract governs and the controversy must be arbitrated in london. if, however, the controversy arises not under the charter but under the stevedore's warranty .....

Tag this Judgment!

Jan 03 1967 (SC)

Lala Shanti Swarup Vs. Munshi Singh and ors.

Court : Supreme Court of India

Decided on : Jan-03-1967

Reported in : AIR1967SC1315; 1967(0)BLJR483; [1967]2SCR312

..... the covenant on the part of the purchaser to pay off the previous encumbrance on the property sold. under section 124 of the indian contract act 'a contract of indemnity' is a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the ..... and venkatanarayaniah v. subramania iyer. 74 i c 209. 6. it was then contended by mr. b. c. misra that even if there was a contract of indemnity the cause of action for the plaintiff arose on february 4, 1937, when the final mortgage decree was passed and not on february 25, 1943 when the plaintiff ..... purchase the vendor's property but also one to relieve the vendor from the liability of the mortgage, and in that sense there was an implied contract of indemnity in favour of the vendor. it follows therefore that article 83 of the limitation act applies to this case and as the sale deed is a ..... the purchaser ought to have paid off the mortgage. in the second place, it is also open to the vendor to bring a suit on the contract of indemnity if as a result of the failure of the purchaser to discharge the encumbrance the vendor incurs a loss. it was contended on behalf of the ..... c. misra put forward the argument that a provision in a conveyance whereby the purchaser agrees to pay off an encumbrancer does not give rise to any contract of indemnity and that the appropriate article of limitation act was article 116 and not article 83 and time began to run from the date from which the covenant .....

Tag this Judgment!

Mar 31 1967 (SC)

Bhajan Singh Hardit Singh and Co., Delhi Vs. Karson Agency (India) and ...

Court : Supreme Court of India

Decided on : Mar-31-1967

..... the party aggrieved was in a position to fix or quantify his damages. different considerations would apply to a claim for indemnity. in a case of a simple breach of contract, where the breach is complete on the expiry of the period fixed for performance time commences to run under article 115 ..... indian port within the meaning of the agreement. they, however, did not agree in the conclusion of the trial court regarding the effect of the indemnity clause and held that the second respondent was liable for the damages, if any. the learned judges held that the first respondent was not liable ..... .4105/- was barred by limitation. but, the suit was however, dismissed by the trial court because the second respondent was exonerated by reason of an indemnity clause in the agreement. (33) on appeal to the high court, the learned judges of the high court agreed with the finding of the trial ..... there should be an ascertainment or separation of the goods from the bulk by the seller, secondly, that there should be appropriation of the goods to the contract; thirdly, that the said appropriation by the seller should be with the consent of the buyer; and fourthly, that the appropriation should be unconditional. (37 ..... on the ground that there was no privity of contract between the appellant and the first respondent. then, on the question of the actual damages, the learned judges held that there was no satisfactory proof .....

Tag this Judgment!

May 22 1967 (FN)

Sec Vs. United Benefit Life Ins. Co.

Court : US Supreme Court

Decided on : May-22-1967

..... four dissenting justices] . . . was conclusively rejected . . . in valic for the reason that variable annuities are 'securities,' and involve considerations of investment not present in the conventional contract of insurance." prudential insurance co. v. s.e.c., 326 f.2d 383, 388. it was implied in the majority opinion in valic and made explicit by the two concurring ..... mr. justice harlan delivered the opinion of the court. this action was initiated by the securities and exchange commission to enjoin respondent (united) from offering its "flexible fund annuity" contract without undertaking the registration required by 5 of the securities act of 1933, [ footnote 1 ] and to compel united to register the "flexible fund" itself as an "investment ..... , the question whether the "flexible fund" was an investment company under the investment company act was not reached. held: 1. the operation of the "flexible fund" contract during the pre-maturity period during which the insurer promises to serve as an investment agency is distinctly separable from the post-maturity benefit scheme which is exempted from the ..... circuit syllabus petitioner, the securities and exchange commission (sec), brought this action to enjoin respondent, united benefit life insurance co. (united), from offering its "flexible fund annuity" contract without meeting the registration requirements of the securities act of 1933, and to compel united to register the "flexible fund" as an "investment company" pursuant to 8 of the .....

Tag this Judgment!

Jun 12 1967 (FN)

Nlrb Vs. Allis-chalmers Mfg. Co.

Court : US Supreme Court

Decided on : Jun-12-1967

..... 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 .....

Tag this Judgment!

Jun 12 1967 (FN)

Prima Paint Corp. Vs. Flood and ConklIn Mfg. Co.

Court : US Supreme Court

Decided on : Jun-12-1967

..... separable" and valid. and the court approves a rule which is not only contrary to state law, but contrary to the intention of the parties and to accepted principles of contract law -- a rule which indeed elevates arbitration provisions above all other contractual provisions. as the court recognizes, that result was clearly not intended by congress. finally, the court ..... from the arbitrators and to reserve them for judicial resolution. see el hoss engineer. & transport co. v. american ind. oil co., supra. we note that categories of contracts otherwise within the arbitration act but in which one of the parties characteristically has little bargaining power are expressly excluded from the reach of the act. see 1. [ footnote 10 ..... corporation, entered into what was styled a "consulting agreement," with petitioner, prima paint corporation, a maryland corporation. this agreement followed by less than three weeks the execution of a contract pursuant to which prima paint purchased f & c's paint business. the consulting agreement provided that, for a six-year period, f & c was to furnish advice and consultation ..... the agreement to arbitrate." pp. 388 u. s. 402 -404. 3. the act prescribes the manner in which federal courts are to treat questions relating to arbitration clauses in contracts which involve interstate commerce or admiralty, "subject matter over which congress plainly has power to legislate." hence, state rules allocating functions between court and arbitrator do not control. pp. .....

Tag this Judgment!

Apr 17 1967 (FN)

National Woodwork Mfrs. Assn. Vs. Nlrb

Court : US Supreme Court

Decided on : Apr-17-1967

..... cong.rec. 17884, ii 1959 leg.hist. 1428 (senator morse); 105 cong.rec. l 6590, ii 1959 leg.hist. 1708 (analysis of "secondary boycotts and hot cargo contracts" by senator kennedy and rep. thompson). it is somewhat unclear whether statements by senator mcnamara and reps. thompson and kearns respecting plumbing prefabrication clauses for construction projects concerned agreements with ..... , any primary strike or primary picketing; * * * * (e) it shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting or otherwise dealing in any of the ..... employers to engage in "voluntary" boycotts. [ footnote 23 ] hearings in late 1958 before the senate select committee explored seven cases of "hot cargo" clauses in teamsters union contracts, the use of which the committee found conscripted neutral employers in teamsters organizational campaigns. [ footnote 24 ] page 386 u. s. 635 this loophole-closing measure likewise did ..... collective bargaining agreement between a local carpenters' union and a general contractors' association in which it was agreed that union members would not handle premachined doors. frouge, whose contract would have permitted "blank" doors, ordered premachined doors from a manufacturer, a member of the national woodwork manufacturers association (nwma). when the union ordered its members .....

Tag this Judgment!

Feb 27 1967 (FN)

Vaca Vs. Sipes

Court : US Supreme Court

Decided on : Feb-27-1967

..... 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 .....

Tag this Judgment!

Dec 18 1967 (FN)

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

Court : US Supreme Court

Decided on : Dec-18-1967

..... 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 .....

Tag this Judgment!

Apr 10 1967 (FN)

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

Court : US Supreme Court

Decided on : Apr-10-1967

..... 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" .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //