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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1940 Page 1 of about 33 results (0.075 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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Dec 23 1940 (FN)

Milliken Vs. Meyer

Court : US Supreme Court

Decided on : Dec-23-1940

..... cross-complaints which are not material here. it should be noted, however, that the ohio oil co., in its answer, set up the contract between milliken and transcontinental whereby milliken assigned all of his rights against meyer in the lands and the 4/64ths interest in question to transcontinental and ..... 4 ] transcontinental appeared and answered. the court found that there was no joint venture between milliken and page 311 u. s. 460 transcontinental; that the contracts of may 3, 1924, were valid, and that the action against transcontinental should be dismissed with prejudice. it found, however, that there was a joint ..... joint adventure with transcontinental and meyer and charging a conspiracy on their part to defraud him of his rights. he sought a cancellation of the contracts of may 3, 1924, and an accounting from transcontinental and meyer. meyer, who was asserted to be a resident of wyoming, was personally ..... share. as a settlement of that dispute, transcontinental, on may 3, 1924, contracted to pay milliken a 2/64ths interest and milliken assigned [ footnote 2 ] to transcontinental all his claims against meyer pertaining to the lands in ..... controversy is over a 1/64th interest in profits from operation of certain colorado oil properties. transcontinental, [ footnote 1 ] on august 31, 1922, contracted to pay meyer page 311 u. s. 459 4/64ths of those profits. milliken asserted a claim to a two-thirds interest in that 4/64ths .....

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Dec 09 1940 (FN)

Six Companies of California Vs. Highway District

Court : US Supreme Court

Decided on : Dec-09-1940

..... the decision of the state court in sinnott v. schumacher with respect to the inapplicability of the liquidated damage clause in the event of the abandonment of work under the contract, and its judgment to the contrary is reversed. the cause is remanded for further proceedings in conformity with this opinion. reversed. [ footnote 1 ] that clause provided: "(d) damages for delay ..... the district court of appeal, the plaintiff-appellant contended that the trial court erred as to the amount of the damages awarded, basing his contention upon the clause in the contract which provided for liquidated damages in a stipulated amount per day page 311 u. s. 186 in case of delay in completion. [ footnote 2 ] the district court of appeal ..... there was error in that ruling. october 14, 1940. in sinnott v. schumacher, supra, the suit was brought to recover the value of labor and materials furnished under a building contract. after part performance, the contractor gave notice of rescission and abandoned work because of failure to receive the first installment of the agreed payment. defendants denied that the installment was ..... otherwise, should be followed by federal courts. p. 311 u. s. 188 . 2. an intermediate appellate court of california had ruled that, in that state, a stipulation in a construction contract for liquidated damages in case of delay in completion was inapplicable after abandonment of the work. this, apparently, had not been disapproved, and there was no convincing evidence that the .....

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Nov 25 1940 (FN)

American United Mut. Life Ins. Co. Vs. Avon Park

Court : US Supreme Court

Decided on : Nov-25-1940

..... be made by the district court as, if, and when another plan of composition is presented which directly or indirectly involves any such fiscal agency contract. for the reasons stated, we reverse the judgment below and remand the cause to the district court for proceedings in conformity with this opinion. ..... the levy of assessments therefor. the courts below did not pass on the applicability of these recent florida decisions to this fiscal agency contract, since they were decided after the circuit court of appeals affirmed the order of confirmation. nor do we undertake to decide the question ..... event. that, however, is a question for appropriate findings by the court should another plan be presented. petitioner also urges that the fiscal agency contract between crummer and the city was illegal under the decisions of the supreme court of florida in taylor v. williams, 142 fla. 402, 195 ..... requisite two-thirds statutory vote, however, would not have been obtained. some of these claims had been purchased prior to the fiscal agency contract, some later. the average price was apparently about 53 on the dollar. the inference seems clear that some of them were acquired in ..... refunding bonds, representing the city in proceedings to validate the new bonds, obtaining a legal opinion approving the bonds, etc. the fiscal agency contract provided that crummer was to be compensated for its services and reimbursed for its expenses by assessing charges against the participating bondholders. this charge was .....

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Nov 13 1940 (FN)

West Vs. American Tel. and Tel. Co.

Court : US Supreme Court

Decided on : Nov-13-1940

..... to the life tenant, was barred by the four-year statute of limitations applicable to causes of action "for an injury to the rights of the plaintiff not arising on contract . . . ," page 311 u. s. 236 11224 ohio g.c., or by laches if demand were necessary. since the equitable relief sought in this suit is predicated upon petitioners' legal rights ..... other of those dates. see keithler v. foster, 22 ohio st. 27. page 311 u. s. 239 it is unnecessary to decide whether, as petitioners contend, the suit was on contract or statutory liability to which the six-year statute applies, 11222, ohio g.c., or "for the recovery of personal property, or for taking or detaining it," in which case ..... . robbins, 35 ohio st. 483, 502, or whether as the court below held the cause of action was "for an injury to the rights of the plaintiff not arising on contract . . . ," in which case the statute runs from the date of the injury when demand is not required. 11224, ohio g.c. for, in any event, since under ohio law no .....

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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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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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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 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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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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