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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1948 Page 3 of about 42 results (0.158 seconds)

May 03 1948 (FN)

Shelley Vs. Kraemer

Court : US Supreme Court

Decided on : May-03-1948

..... of the phrase. the undisputed facts disclose that petitioners were willing purchasers of properties upon which they desired to establish homes. the owners of the properties were willing sellers, and contracts of sale were accordingly consummated. it is clear that, but for the active intervention of the state courts, supported by the full panoply of state power, petitioners would have been ..... block where our land is located is subjected to this or a similar restriction." the agreement provided that the restrictions were to remain in effect until january 1, 1960. the contract was subsequently recorded, and similar agreements were executed with respect to eighty percent of the lots in the block in which the property in question is situated. by deed dated ..... the missouri case. in june, 1934, one ferguson and his wife, who then owned the property located in the city of detroit which is involved in this case, executed a contract providing in part: "this property shall not be used or occupied by any person or persons except those of the caucasian race. " page 334 u. s. 7 "it is further ..... from twenty-three to sixty-three years. a fifth parcel had been occupied by negroes until a year before this suit was instituted. on august 11, 1945, pursuant to a contract of sale, petitioners shelley, who are negroes, for valuable consideration received from one fitzgerald a warranty deed to the parcel in question. [ footnote 1 ] the trial court found that petitioners .....

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May 03 1948 (FN)

United States Vs. Griffith

Court : US Supreme Court

Decided on : May-03-1948

..... defendants by stipulation or on motion of appellant. but the charge that each of the distributors had conspired with the appellee exhibitors was retained. [ footnote 7 ] section 1 provides: "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal ..... his estate or personal representative. [ footnote 2 ] the circuit includes the four corporate appellees and their affiliated exhibitors. when less than the full ownership of a theater was acquired, the contract would provide that the buying and booking of films was exclusively in the hands of the griffith interests. [ footnote 3 ] the agreement negotiated by the common agent would be executed ..... end products of conduct which violates 1. standard oil co. v. united states, 221 u. s. 1 , 221 u. s. 61 . but that is not always true. section 1 covers contracts, combinations, or conspiracies in restraint of trade. [ footnote 7 ] section 2 is not restricted to conspiracies or combinations to monopolize, [ footnote 8 ] but also makes it a crime for any .....

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May 03 1948 (FN)

Schine ChaIn theatres, Inc. Vs. United States

Court : US Supreme Court

Decided on : May-03-1948

..... any other theater or exhibitor from competing with the defendants or any of them, and from entering into any similar contract, conspiracy, or combination for the purpose or with the effect of restraining or monopolizing trade and commerce between the states." [ footnote 13 ] see note 12 supra, paragraph 1. [ footnote 14 ..... the use of any real estate to nontheatrical purposes." "6. from using any threats or deception as a means whereby a competitor is induced to sell." "7. from continuing any contract, conspiracy or combination with each other or with any other person which has the purpose or effect of maintaining the exhibition or theater monopolies of the defendants or of preventing ..... obtained film rental concessions not made available to independent operators is not intelligible to us. for the district court went on to state that "[t]hese provisions were also in contracts with independents." how those concessions constitute a restraint of trade is therefore not apparent. we set aside this finding so that it may be clarified on remand of the cause .....

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May 03 1948 (FN)

Schwabacher Vs. United States

Court : US Supreme Court

Decided on : May-03-1948

..... indebtedness are just and reasonable." the commission then noted the contention of the appellants that, as to them, the terms were not just and reasonable, because they are deprived of contract rights under michigan law, which they have not waived. it is contended that the commission should not remit the dissenting stockholders to remedies in state courts, as the commission would ..... continuing enterprise. but it did not undertake to say whether, under the letter of their charter as construed under the law of michigan, the preferred stockholders may not have a contract that would exact more than an economic equivalent. since the federal law clearly contemplates merger as a step in continuing the enterprise, it follows that what michigan law might give .....

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May 03 1948 (FN)

Ftc Vs. Morton Salt Co.

Court : US Supreme Court

Decided on : May-03-1948

ftc v. morton salt co. - 334 u.s. 37 (1948) u.s. supreme court ftc v. morton salt co., 334 u.s. 37 (1948) federal trade commission v. morton salt co. no. 464 argued march 10, 1948 decided may 3, 1948 334 u.s. 37 certiorari to the circuit court of appeals for the seventh circuit syllabus respondent sells table salt in interstate commerce to wholesalers and retailers on a quantity discount basis. the federal trade commission, after a hearing, found that respondent had discriminated in price between different purchasers of like grades and qualities, in violation of 2 of the clayton act as amended by the robinson-patman act, and issued a cease and desist order. held: 1. respondent's quantity discounts discriminate in price within the meaning of the act, and are prohibited where they have the proscribed effect on competition. pp. 334 u. s. 42 -44. 2. the legislative history of the robinson-patman act shows that congress considered it to be an evil that a large buyer could secure a competitive advantage over a small buyer solely because of the former's quantity purchasing power, and the act was passed to deprive a large buyer of such advantages except to the extent that a lower price could be justified by reason of a seller's diminished costs due to quantity production, delivery, or sale, or by reason of the seller's good faith effort to meet the equally low price of a competitor. pp. 334 u. s. 43 -44. 3. under the act, the burden is upon the seller to prove that its quantity .....

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May 03 1948 (FN)

Republic Nat. Gas Co. Vs. Oklahoma

Court : US Supreme Court

Decided on : May-03-1948

..... to transport the peerless gas if market can be obtained by [peerless]. . . ." [ footnote 2/21 ] the nearest approximations, perhaps, were in the prohibitions against state legislation impairing the obligation of contracts and against ex post facto legislation before the latter was limited to criminal and penal consequences. calder v. bull, 3 dall. 386. see hale, the supreme court and the ..... contract clause, 57 harv.l.rev. 512, 621, 852. [ footnote 2/22 ] see mr. justice black dissenting in mccart v. indianapolis water co., 302 u. s. 419 , 302 u. s. 423 ; .....

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Apr 26 1948 (FN)

United States Vs. South Buffalo Railway Co.

Court : US Supreme Court

Decided on : Apr-26-1948

..... . & e. case, because it puts in there the words 'subsidiary, affiliate, or controlling person of such carrier.'" "the chairman. that is right." a discussion of the effect on coal industry contract carriers followed. then: "mr. norman. so that commodities clause, again, is a big one, and certainly ought to be studied before there are any changes made in it. it is .....

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Apr 26 1948 (FN)

Ftc Vs. Cement Institute

Court : US Supreme Court

Decided on : Apr-26-1948

..... the companies showing delivered prices at substantially all delivery points. northwestern and superior assert that, among other distinctive practices of theirs, they were willing to and did bid for government contracts on a mill price, rather than a delivered price basis. huron points out that it permitted the use of trucks to deliver cement, which practice, far from being consistent with ..... to make the multiple basing point system work in such way that competition in quality, price, and terms of sale of cement would be nonexistent, and that uniform prices, job contracts, discounts, and terms of sale would be continuously maintained. the commission found that many of these activities page 333 u. s. 710 were carried on by the cement institute, the ..... the rights of a trade association, despite the sherman act, openly to gather and disseminate statistics and information as to production costs, output, past prices, merchandise on hand, specific job contracts, freight rates, etc., so long as the association did these things without attempts to foster agreements or concerted action with reference to prices, production, or terms of sale. such associations .....

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Apr 26 1948 (FN)

United States Vs. Scophony Corp.

Court : US Supreme Court

Decided on : Apr-26-1948

..... or a listing; making sales; conducting research; soliciting orders. correspondingly appellee atomizes the things then being done into separate disconnected events -- viz., stock ownership (in american scophony); contracting with american scophony and the other corporations for transfer and licensing of patents; activities to protect scophony's american "interests" by resolving the impasse. [ footnote 25 ] see ..... nor did they make scophony nothing more than a shareholder for investment purposes, with only such a shareholder's voting rights and control in american scophony. the contracts created controls in scophony, and in the american interests as well, which, taken in conjunction with the stock controls, called for continuing exercise of supervision over ..... what, practically, if not also technically, was a joint adventure with other companies. that project was carried out not merely through corporate forms and arrangements, but by contracts binding the participating companies to the common enterprise, as well as the special medium of executing it, american scophony. in this, each corporate participant had its special ..... its founders, undertook negotiations in new york with american motion picture and televisions interests, including paramount and general precision. they culminated in the execution of three interlacing contracts, the so-called master agreement of july, 1942, and two supplemental agreements of august 11, 1942. copies of the latter had been attached to the master .....

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Apr 19 1948 (FN)

Bute Vs. Illinois

Court : US Supreme Court

Decided on : Apr-19-1948

bute v. illinois - 333 u.s. 640 (1948) u.s. supreme court bute v. illinois, 333 u.s. 640 (1948) bute v. illinois no. 398 argued february 12, 1948 decided april 19, 1948 333 u.s. 640 certiorari to the supreme court of illinois syllabus 1. petitioner, a 57-year-old man, pleaded guilty in a state court to two indictments for the noncapital offense of "taking indecent liberties with children," and was sentenced to prison for one to 20 years for each offense. the indictments were in simple language, and easy to understand, and there was no claim that petitioner failed to understand them or that he was incapable of intelligently and competently pleading guilty. the records showed that petitioner appeared "in his own proper person" and that, before accepting his pleas of guilty, the court explained the consequences and penalties; but the records were silent on the subject of counsel for his defense. held: (a) in the circumstances of this case, such silence in the records as to counsel for the defense does not suffice to invalidate the sentences under the due process clause of the fourteenth amendment. pp. 333 u. s. 644 , 333 u. s. 670 -677. (b) in the absence of any showing beyond that in the records in this case, the due process clause of the fourteenth amendment did not require the state court to inquire as to petitioner's desire to be represented by counsel, his ability to procure counsel, or his desire to have counsel assigned to him; nor did it require the state court to offer .....

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