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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1940 Page 2 of about 33 results (0.058 seconds)

May 20 1940 (FN)

Anderson Vs. Helvering

Court : US Supreme Court

Decided on : May-20-1940

..... of the court. oklahoma city company, in 1931, owned certain royalty interests, fee interests, and deferred oil payments in properties in oklahoma. during that year, it entered into a written contract with petitioner prichard providing for the conveyance to him of these interests for the agreed consideration of one hundred sixty thousand dollars, payable fifty thousand in cash and one hundred ..... and a release be placed in escrow for delivery to prichard upon payment in full of the one hundred ten thousand dollars and interest. immediately upon the execution of the contract, the properties were conveyed to prichard without reservation. [ footnote 1 ] in entering into the agreement, prichard acted not only for himself, but also for petitioner anderson, each of them ..... [ footnote 3 ] during 1932 amounted to page 310 u. s. 407 some eighty-one thousand dollars. prichard, upon receiving this sum, distributed one-half to oklahoma company pursuant to the contract. the question for decision is whether the proceeds thus paid over to oklahoma company should be included in the gross income of petitioner for the tax year 1932. [ footnote 4 ..... withhold from the operation of the grant an amount of oil equal to the oil payments. the following factors, among others, are relied upon as supporting this contention: (1) the contract contains no qualifying language reserving from the grant any interest in the oil and gas in place; (2) the deferred payments of one hundred ten thousand dollars were payable in .....

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May 20 1940 (FN)

Labor Board Vs. Bradford Dyeing Assn.

Court : US Supreme Court

Decided on : May-20-1940

..... majority of respondent's employees joined the twoc, or that "the twoc . . . ever came into actual existence with authority to negotiate a contract with the respondent." much of the testimony already referred to bore upon the genesis of twoc at respondent's plant. page 310 u. s. 339 schofield said: by april 4 ..... 13, told the federal conciliator that an election could not be held, since the federation had already been recognized. and on the 16th, summersby told salerno that his proposed twoc contract would be taken up with summersby's lawyer. fifth. designation of twoc as bargaining agent. the court below found no substantial evidence to support the board's finding that a ..... he was "afraid of an outside union." it was agreed that he would hear from summersby's attorney after the first (april 7) meeting, but he never heard. a form contract was submitted to summersby on the 16th, but, by that date, "he had definitely decided that he would refuse to bargain with the cio." according to the company's vice ..... of these materials by the respondent was ever in interstate commerce;" "there is also lacking substantial evidence that 40 percent of the supplies consisting of chemicals and dyes, which were contracted for in rhode island and delivered by the sellers to the respondent's plant in bradford, were transported by the respondent in interstate commerce, or that they were used by .....

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May 06 1940 (FN)

United States Vs. Socony-vacuum Oil Co., Inc.

Court : US Supreme Court

Decided on : May-06-1940

..... prices aforesaid and have arbitrarily exacted from jobbers within said district large sums of money. defendant major oil companies (with the exception of gulf) have solicited and taken contracts and orders for said gasoline within said district, sometimes by sales representatives located there, which district has been an important market for their product and they have required ..... maintained such prices at artificially high and noncompetitive levels and at levels agreed upon among them, . . . and have thereby intentionally increased and fixed the tank car prices of gasoline contracted to be sold, and sold, in interstate commerce as aforesaid in the midwestern area (including the western district of wisconsin). . . ." it is further alleged that the defendants have ..... spot markets; (2) raised, fixed, and maintained those prices at artificially high and noncompetitive levels, and "thereby intentionally increased and fixed the tank car prices of gasoline contracted to be sold and sold in interstate commerce as aforesaid in the mid-western area (including the western district of wisconsin);" (3) have "exacted large sums of money ..... of all gasoline distributed to retail service stations therein, the bulk of the jobbers' purchases being made from the defendant companies. the price to the jobbers under those contracts with defendant companies is made dependent on the spot market price, pursuant to a formula hereinafter discussed. and the spot market tank car prices of gasoline directly and .....

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Apr 29 1940 (FN)

Perkins Vs. Lukens Steel Co.

Court : US Supreme Court

Decided on : Apr-29-1940

..... that the administration of the purchasing machinery be unhampered. the constitution prohibits appropriations for the army for more than two years, [ footnote 23 ] and, by statute, contracts for the purchase of departmental supplies are in general limited to one year. [ footnote 24 ] these prohibitions emphasize the grave importance of leaving the restraint of the government ..... duty to observe those instructions, just as a purchasing agent of a private corporation must observe those of this principal. in both instances, prospective bidders for contracts derive no enforceable rights against the agent for an erroneous interpretation of the principal's authorization. for erroneous construction of his instructions, given for the sole benefit ..... to abandon a principle acted upon since the nation's founding under which the legislative and executive departments have exercised complete and final authority to enter into contracts for government purchases. the committee hearings and reports and the construction of the measure by its sponsors disclose no purpose to invoke judicial supervision over agents ..... navy, and interior departments, the postmaster general, the director of procurement of the treasury department, the assistant secretary of labor, and the administrator of the division of public contracts of the department of labor and their "officers, agents, assistants, employees, representatives and attorneys, and anyone associated with or acting in concert or participation with them, or .....

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Apr 22 1940 (FN)

Maurer Vs. Hamilton

Court : US Supreme Court

Decided on : Apr-22-1940

..... , preservation of records, qualifications and maximum hours of service of employees, and safety of operation and equipment." subdivision (2) imposes a like duty upon the commission to regulate "contract carriers." subdivision (3) imposes the duty "to establish for private carriers of property by motor vehicle, if need therefor is found, reasonable requirements to promote safety of operation, ..... operations of such vehicles should be forbidden. the safety regulations heretofore prescribed by us, of course, apply to these as well as other vehicles operated by common and contract carriers in interstate or foreign commerce. the operations of vehicles so equipped are therefore permitted by the existing regulations, and there is no need for change." (p. 132 ..... commission, purporting to act under the motor carrier act, had promulgated regulations effective july 1, 1936, with respect to "safety of operation and equipment" of common and contract motor carriers in interstate commerce, subject to the act. these regulations contained no provisions specifically applicable to cars carried over the cab of the carrier vehicle. on march 11 ..... federal motor carrier act empowers the interstate commerce commission to establish reasonable requirements with respect to "safety of operation and equipment" of motor vehicles of common and contract carriers in interstate commerce, but its authority with respect to sizes and weights of vehicles is expressly limited in 225 to investigation and report on the need of .....

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Apr 22 1940 (FN)

Western Union Telegraph Co. Vs. Nester

Court : US Supreme Court

Decided on : Apr-22-1940

..... to the plaintiffs the special damages they ask, they are entitled, under the facts alleged and proved, to the sum stipulated as liquidated damages in the contract. . . . here, the plaintiffs, under the facts alleged in the complaint and proved at the trial, have shown themselves entitled to recovery even ..... that this standard form had been duly filed with the federal communications commission, and was treated by the parties as a statement of the contract between them. certain of the conditions contained therein are printed below. 309 u. s. s. 585? the point for determination here arises out ..... money order referred to in the plaintiff's complaint was delivered to and accepted by the defendants subject to the terms of the standard money order contract of the western union telegraph company, a copy of which is hereto annexed. " page 309 u. s. 584 it is not now denied ..... 587 reversed. certiorari, post, p. 643, to review the affirmance of a judgment against a telegraph company in an action for breach of a money order contract. 25 f.supp. 478. mr. justice mcreynolds delivered the opinion of the court. respondents, nester and charles, are partners in mining operations near aramecina, republic ..... u.s. 582 certiorari to the circuit court of appeals for the ninth circuit syllabus a telegraph company undertook to transmit a money order, the contract providing that it should not be liable for damages for delay or nonpayment, though due to negligence, "beyond the sum of five hundred dollars .....

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Apr 22 1940 (FN)

United States Vs. San Francisco

Court : US Supreme Court

Decided on : Apr-22-1940

..... manner in which electricity shall be disposed of in san francisco. and the city therefore insists that these prohibitions must be considered only as covenants in a contract between the city and the united states. upon this premise, the city has argued here, as it did in page 310 u. s. 29 the ..... and verbal description of the power company as the city's agent or consignee, are not sufficient to take the actions of the parties under the contract out of 6. congress, in effect trustee of public lands for all the people, has by this act sought to protect and control the disposition ..... hetch-hetchy power from the company exactly as do other consumers. the city receives monthly payments from the company on a fixed basis set out in the contract. the price received by the city has remained constant from 1925 to date, although rates to the consumers have varied in the interim. in the ..... city was violating 6 in permitting sale and distribution of hetch-hetchy power by the pacific gas & electric company. now, as it has been doing since contracting with the city in 1925, the company sells and distributes that power as follows: power generated in the city's plant is transmitted to the company at ..... s. 26 . 2. the city, instead of selling the power produced under the grant directly to consumers at prices fixed by itself, delivered it under a contract, for a fixed compensation, to a public utility corporation, which, in turn, sold it to consumers in the city and elsewhere, along with power produced by .....

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Mar 25 1940 (FN)

Puerto Rico Vs. Rubert Hermanos, Inc.

Court : US Supreme Court

Decided on : Mar-25-1940

..... , within a term of not more than six months counting from the date on which final sentence is rendered." "in every case, alienation or confiscation shall be through the corresponding indemnity as established in the law of eminent domain." [ footnote 2 ] 3 of the joint resolution provides: "no corporation shall be authorized to conduct the business of buying and selling real ..... warranto in the name of the puerto rico; or whenever any corporation, by itself or through any other subsidiary or affiliated entity or agent, exercises rights, performs acts, or makes contracts in violation of the express provisions of the organic act of puerto rico or of any of its statutes, the attorney general or any district attorney, either on his own .....

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Feb 26 1940 (FN)

Mayo Vs. Lakeland Highlands Canning Co.

Court : US Supreme Court

Decided on : Feb-26-1940

..... milk control board v. eisenberg farm products co., 306 u. s. 346 . nor is there substantial basis for appellees' contention that the order unconstitutionally impairs the obligation of any contracts they may have previously made for the purchase of grapefruit at a price lower than that fixed under the statute. see, e.g., union dry goods co. v. georgia public ..... omitted so to do. the record does not warrant a judgment of dismissal. the complaint raises constitutional questions of due process, equal protection, and violation of the obligation of contract. it further raises questions as to whether the act has ever been put into operation in accordance with its terms. the appellees' principal attack upon the statute, based upon ..... equal protection clause of the fourteenth amendment, because discriminating between cooperatives and the complainants, as taking their property without due process of law, and as impairing the obligation of contracts. the bill also challenges the regulation on the ground that the commission failed to ascertain, in accordance with the law, that fifty percent of the owners or controllers of ..... products in florida begins about november 1st of each year and continues until june or july of the following year; that preparations for canning include the ordering of cans, labels, contracting for purchase of fruit, securing labor, planning of factory operations, and obtaining orders for the product. it is alleged that, under the growers' cost guarantee act, the appellant .....

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Feb 26 1940 (FN)

Utility Workers Vs. Consolidated Edison Co.

Court : US Supreme Court

Decided on : Feb-26-1940

utility workers v. consolidated edison co. - 309 u.s. 261 (1940) u.s. supreme court utility workers v. consolidated edison co., 309 u.s. 261 (1940) amalgamated utility workers v. consolidated edison co. no. 342 argued january 31, 1940 decided february 26, 1940 309 u.s. 261 certiorari to the circuit court of appeals for the second circuit syllabus under the national labor relations act, the authority to apply to the circuit court of appeals to have an employer adjudged in contempt for failure to obey a decree enforcing an order of the national labor relations board lies exclusively in the board itself, acting as a public agency. a labor organization has no standing to make such an application in virtue of having filed the charges upon which the board's proceedings were initiated. p. 309 u. s. 269 . 106 f.2d 991 affirmed. certiorari, 308 u.s. 541, to review the denial of an application for a contempt order. mr. chief justice hughes delivered the opinion of the court. the national labor relations board ordered the consolidated edison company of new york and its affiliated companies to desist from certain labor practices page 309 u. s. 262 found to be unfair and to take certain affirmative action. the circuit court of appeals granted the board's petition for enforcement of the order, and its decree, as modified, was affirmed by this court. consolidated edison co. v. labor board, 305 u. s. 197 . petitioner, amalgamated utility workers, brought the present proceeding before the .....

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