Skip to content


Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: us supreme court Year: 1974 Page 1 of about 69 results (0.084 seconds)

May 28 1974 (FN)

F.D. Rich Co., Inc. Vs. Industrial Lumber Co.

Court : US Supreme Court

Decided on : May-28-1974

..... states ex rel. turner, 159 f.2d 182 (ca9 1946); cf. united states ex rel. bryant v. lembke construction co., 370 f.2d 293 (ca10 1966). [ footnote 8 ] travelers indemnity co. v. united states ex rel. western steel co., 362 f.2d 896, 898 (ca9 1966); united states ex rel. wellman engineering co. v. msi corp., 350 f.2d 285 ..... shortly after industrial's shipments began, rich informed cerpac that more plywood was needed for another government project being constructed in charleston, south carolina, for which cerpac had also contracted to supply rich with all exterior plywood. rich and cerpac decided to divert some of the beale lumber to charleston. accordingly, industrial was advised to supply a shipment of the ..... cerpac on other projects during this period. on february 22, 1966, cerpac placed a single order with respondent industrial lumber co. for all exterior plywood required under its plywood contract for the beale project. industrial is a broker, purchasing wood products and materials for resale. it acknowledged the complete cerpac order, purchased the plywood from its own suppliers and ..... compensated. to hold otherwise would amount to judicial obviation of the "american rule" that attorneys' fees are not ordinarily recoverable in federal litigation in the absence of a statute or contract providing therefor, in the context of everyday commercial litigation, where the policies which underlie the limited judicially created departures from the rule are inapplicable. pp. 417 u. s. 128 .....

Tag this Judgment!

Dec 12 1974 (SC)

Firm of Pratapchand Nopaji Vs. Firm of Kotrike Venkata Setty and Sons ...

Court : Supreme Court of India

Decided on : Dec-12-1974

Reported in : AIR1975SC1223; (1975)2SCC208; [1975]3SCR1

..... employed to do, are lawful. agreements to commit criminal acts are expressly and specifically excluded, by section 224 of the contract act, from the scope of any right to an indemnity. these appeals are, therefore, liable to be dismissed on merits, but, inasmuch as both sides to the unlawful agreements ..... supplies (temporary powers) act, 1946 (hereinafter referred to as 'the central act').10. section 2, sub-section (3) lays down :'contract' means a contract entered into, made or to be performed in whole or in part in any notified area relating to the sale or purchase of any ..... of and on behalf of the defendants.4. the plaintiff's case was that the authority to engage in badla transactions on forward contracts, which are contracts for the delivery of specified goods on future dates, implied what is known as 'continuation' or 'carrying over' in the terminology ..... authorities recognising the enforceability of agreements collateral to what are merely void agreements. it rightly relied on decisions holding agreements collateral to prohibited contracts also to be un-enforcible because a taint attaches to them which makes them also contrary to public policy. such agreements fall within ..... seeds in bombay market and for this purpose engaged the plaintiffs as commission agents to contact with bombay commission agents, who were entering into contracts with customers for. purchasing or selling groundnut seeds and castor oil seeds, according to the orders of the defendants which the plaintiffs were .....

Tag this Judgment!

Jun 10 1974 (FN)

Fpc Vs. Texaco, Inc.

Court : US Supreme Court

Decided on : Jun-10-1974

..... of that standard, large producer tracking increases would be subject to refund. the commission finally asserted that "[w]e intend to review the prices established in new contracts or contract amendments relating to sales by small producers to as sure the reasonableness of the rates charged by such producers pursuant to the action we are taking herein. in ..... that the commission "shall consider all relevant factors" in determining whether proposed rates were consistent with the "public convenience and necessity," and that the commission intended to review new contract prices charged by small producers "to assure . . . the reasonableness of the rates charged by such producers pursuant to the action we are taking herein." but these generalities ..... the order took a very similar approach to the tracking increases by large producers. moreover, under the order, contractually authorized increases in rates for flowing gas under existing contracts could be automatically passed through by the pipelines and would not be subject to examination under the standard proposed by the order with respect to new sales by small ..... federal power commission (fpc) issued order no. 428, which exempted all existing and future sales by "small producers" from direct rate regulation, and provided that they could thereunder contract for the sale of their gas at any obtainable rates, without refund obligations with respect to increased rates, if any, collected for sales regulated thereunder to the pipelines. the .....

Tag this Judgment!

Jan 09 1974 (FN)

Passenger Corp. Vs. Passengers Assn.

Court : US Supreme Court

Decided on : Jan-09-1974

..... two years. 45 u.s.c. 563(a). [ footnote 2/2 ] central is a subsidiary of southern railway co. while central has entered into a contract with amtrak to relieve it of responsibility for all inter-city passenger service, southern has not. whether that failure of southern bars the discontinuance of this passenger train ..... did that when it came to "the basic group" of carriers. but its mandate not to discontinue passenger service until january 1, 1975, except on a contract with amtrak is clear. if, in that interim, there can be no policing of the act, we have given a corporation which is private and operating for ..... .s.c. 522. our problem concerns not "the basic system" created by amtrak, but what were called on oral argument the "excess" lines that, absent a contract with amtrak, are page 414 u. s. 467 under a congressional mandate not to discontinue "any inter-city passenger train whatsoever prior to january 1, 1975." 45 ..... railroad has a contract with amtrak to render the service, it may not discontinue inter-city passenger service prior to january 1, 1975, "the provisions of any other act, the ..... corporation. 45 u.s.c. 541; h.r.rep. no. 91-1580, p. 1 (1970). amtrak has until january 1, 1975, to tender a contract to a railroad to release the latter of its entire responsibility for the provision of inter-city rail passenger service. 45 u.s.c. 564(a). unless a .....

Tag this Judgment!

Dec 17 1974 (FN)

Gulf Oil Corp. Vs. Copp Paving Co., Inc.

Court : US Supreme Court

Decided on : Dec-17-1974

..... economic power through stock acquisitions, [ footnote 2/2 ] there is not a word to suggest that page 419 u. s. 205 when congress defined the term "commerce" it desired to contract the scope of that term. [ footnote 2/3 ] the legislative history does not furnish even a bare suggestion or inference that "commerce" under the clayton act meant something less than ..... or deal in the goods, wares, merchandise, machinery, supplies, or other commodities of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce." section 7 (15 u.s ..... . 533 , 322 u. s. 558 (1944). consistently with this purpose and with the plain thrust of the statutory language, the court has held that, however local its immediate object, a "contract, combination . . . or conspiracy" nonetheless may constitute a restraint within the meaning of 1 if it substantially and adversely affects interstate commerce. e.g., mandeville island farms v. american crystal sugar ..... asphalt is interstate, and each oil company concedes that it engages in interstate commerce. petitioner union oil sells some of its liquid asphalt to its wholly owned subsidiary, sully-miller contracting co., which uses it to manufacture asphaltic concrete at 11 hot plants in los angeles and orange counties, cal. gulf oil sells all of its liquid asphalt to its wholly .....

Tag this Judgment!

Dec 16 1974 (FN)

Regional Rail Reorganization Act Cases

Court : US Supreme Court

Decided on : Dec-16-1974

..... clause power which supports the continuance of this rail system requires no uniformity. but it is the bankruptcy power that gives congress power to cut down on the obligation of contracts. recourse to the bankruptcy clause is necessary to sustain this statute, for, as noted below, it authorizes significant impairment beyond that permitted under 77. the act applies not across the ..... states." the district court held that "recourse to the bankruptcy page 419 u. s. 157 clause to justify congressional action is necessary only if that action impairs the obligation of contracts." 383 f.supp. at 534 (fullam, j., concurring). in that respect, the court found that the rail act adds virtually nothing to the powers already granted to reorganization courts ..... this court unanimously reversed the dismissals. section 17 of the economy act was held to effect an unconstitutional taking of vested property rights in the beneficiaries created by the insurance contracts. the question then became whether 17 had repealed the remedy of a suit in the district court provided by 405 of the insurance act. the court held, speaking through mr ..... brought under 405 of the war risk insurance act of 1917, 40 stat. 410, expressly authorizing suits in the district courts respecting any "disagreement as to a claim under the contract of insurance." the beneficiaries' claim was that there was an actionable "disagreement" within the meaning of 405 because the government had violated the terms of the policies by failing to .....

Tag this Judgment!

Jun 25 1974 (FN)

Gertz Vs. Robert Welch, Inc.

Court : US Supreme Court

Decided on : Jun-25-1974

..... (1974) (financial condition of participants in the development of a large apartment complex involving numerous local contractors); washington v. world publishing co., 506 p.2d 913 (okla.1973) (article about contract dispute between a candidate for united states senate and his party's county chairman); matus v. triangle publications, inc., 445 pa. 384, 395-399, 286 a.2d 357, 363-365 .....

Tag this Judgment!

Dec 17 1974 (FN)

American Radio Assn. Vs. Mobile S.S. Assn.

Court : US Supreme Court

Decided on : Dec-17-1974

..... allegedly unlawful secondary pressure generated by the maritime unions' picketing that the mobile steamship association sought to enjoin in state court as a tortious interference with its right to contract and to carry on its lawful business. the allegedly tortious secondary pressure that formed the basis for mobile steamship association's state court complaint is precisely the type ..... co., 397 u. s. 195 . accordingly, the court held that the texas courts had jurisdiction over the foreign shipowners' complaint that the union activity was interfering with preexisting contracts between the owners and their crews. the question presented by this case, however, is not whether state court jurisdiction over a dispute between owners of foreign flag vessels and american ..... the jurisdictionally required effect on interstate commerce. 359 u.s. at 359 u. s. 356 . here, neither the farmer seeking to ship his soybeans, the stevedores who contracted to unload the cargo of the foreign flag vessel, nor the longshoremen whom the stevedores employed to carry out this undertaking were, for these purposes, engaged in or affecting commerce ..... )(4)(b). they would have us hold not only that there is an independent controversy between petitioner unions, representing page 419 u. s. 221 american seamen, and the contracting stevedores represented by respondent, but also that this independent dispute is subject to the jurisdiction of the board. acceptance of petitioners' argument would result in a rule whereby a .....

Tag this Judgment!

Jun 19 1974 (FN)

Central Tablet Mfg. Co. Vs. United States

Court : US Supreme Court

Decided on : Jun-19-1974

..... occurred, even though that subject had been explored at trial. the court of appeals, on the other hand, believed that "the insurance carrier questioned neither the validity of the insurance contracts nor the fulfillment of the conditions for payment thereunder. . . ." 481 f.2d 954, 956. however, even accepting the view of the court of appeals that liability was not ..... out of a transaction. certainly, a fire insurer has no right to opt out of its coverage and basic liability after the fire takes place; in this respect, the executory contract situation referred to in the regulations is distinguishable. [ footnote 8 ] for tax purposes, the formality of filing a proof of claim usually does not change the substance of ..... occurs when title and control over the property are in the corporation. the chose in action against the insurer arises at that time. this is unlike the executory sales contract consummated after the adoption of a plan; there, either of the parties is free unilaterally to avoid whatever preliminary agreement had been reached at the pre-liquidation negotiations. as ..... intended to make this opportunity available in every conceivable fact situation. with a fire loss, the obligation to pay arises upon the fire. ). [ footnote 8 ] unlike an executory contract to sell, the casualty cannot be rescinded. details, including even the basic question of liability, may be contested, but the fundamental contractual obligation that precipitates the transformation from tangible property .....

Tag this Judgment!

May 13 1974 (FN)

Mitchell Vs. W. T. Grant Co.

Court : US Supreme Court

Decided on : May-13-1974

..... distinguishable from the instant case, where the creditor does have a preexisting property interest as a result of the vendor's lien which attached upon execution of the installment sales contract. indeed, depending on the number of installments which have been paid, the creditor's interest may often be greater than the debtor's. thus, we deal here with mutual ..... be no doubt that, under state law, both petitioner and respondent had property interests in the goods sought to be sequestered. petitioner, as the vendee-debtor under an installment sales contract, had both title and possession of the goods subject to his contractual obligation to continue the installment payments. respondent, as the vendor-creditor, had a vendor's lien on the ..... recovering the unpaid balance. by complaint and affidavit, the seller swore page 416 u. s. 608 to facts that would entitle it to immediate possession of the goods under its contract, undiminished in value by further deterioration through use of the property by the buyer. wholly aside from whether the buyer, with possession and power over the property, will destroy or ..... seller filed suit against petitioner in the new orleans city court for the overdue balance of the price of certain personal property that petitioner had purchased under an installment sales contract and on which respondent had a vendor's lien. on respondent's application, the trial judge in accordance with the louisiana procedure ordered sequestration of the property without prior .....

Tag this Judgment!


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