Harvard Law Review, Volume 20Harvard Law Review Pub. Association, 1907 - Electronic journals |
From inside the book
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Page xi
... COVENANTS RUNNING WITH THE LAND . See also under Landlord and Tenant ; Restrictions and Restrictive Agree- ments as to the Use of Property . Conditions in executory contract for sale of land . Whether covenant indirectly affecting value ...
... COVENANTS RUNNING WITH THE LAND . See also under Landlord and Tenant ; Restrictions and Restrictive Agree- ments as to the Use of Property . Conditions in executory contract for sale of land . Whether covenant indirectly affecting value ...
Page xiii
... Restrictive Agree- ments as to the Use of Property . EQUITABLE ELECTION ... Restrictive Agree- ments as to Use of Property ; Specific Performance ; Trusts ... covenant . 640 , 652 Restraint of police . I 50 Procedure : Nature of cross ...
... Restrictive Agree- ments as to the Use of Property . EQUITABLE ELECTION ... Restrictive Agree- ments as to Use of Property ; Specific Performance ; Trusts ... covenant . 640 , 652 Restraint of police . I 50 Procedure : Nature of cross ...
Page xxviii
... Restrictive Agreements as to the Use of Property . Transfers of personal property , see Sales . Rights and liabilities : Condition in contract as covenant running with the land . 234 Forfeiture by failure to pay instal- ments . VENUE ...
... Restrictive Agreements as to the Use of Property . Transfers of personal property , see Sales . Rights and liabilities : Condition in contract as covenant running with the land . 234 Forfeiture by failure to pay instal- ments . VENUE ...
Page 170
... restrictive covenant , in connection with the sale of a business , prohibiting the seller from prosecuting his business in the future in competition with the buyer . Yet such restrictive covenants are now held by the Supreme Court , 1 ...
... restrictive covenant , in connection with the sale of a business , prohibiting the seller from prosecuting his business in the future in competition with the buyer . Yet such restrictive covenants are now held by the Supreme Court , 1 ...
Page 171
... restrictive covenant will then constitute the whole of the undertaking . And even where there is a transfer of property the purchaser is not bound to make use of it . It has never been suggested that his right to enforce the covenant ...
... restrictive covenant will then constitute the whole of the undertaking . And even where there is a transfer of property the purchaser is not bound to make use of it . It has never been suggested that his right to enforce the covenant ...
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Common terms and phrases
19 HARV action agreement allowed apply authority breach carrier combination common carrier common law competition competitors condition constitutional contract contributory negligence corporation court of equity creditor damage danger decision defect defendant defendant's doctrine duty easement effect eminent domain employer English equity exercise existence fact fraud ground HARVARD LAW REVIEW held illegal implied inducement injury intent interest jurisdiction jury Justice labor land Langdell legislative liability limited Lord Lord Esher Lord Herschell Mass matter N. J. Eq N. Y. App Nat'l Bank negligence parties payment person plaintiff principle Professor protect Quasi-Contracts question railroad reason recover refuse remainder remainderman remedy restrictive covenant result risk rule rule against perpetuities S. W. Rep seems seller servant statute supra testator tion tort trade trust union United valid vested York
Popular passages
Page 67 - Claims which for want of record or for other reasons would not have been valid liens as against the claims of the creditors of the bankrupt shall not be liens against his estate.
Page 595 - Indeed, it is a strange-disposed time ; But men may construe things after their fashion, Clean from the purpose of the things themselves.
Page 70 - That every Will made by a Man or Woman shall be revoked by his or her Marriage (except a Will made in exercise of a Power of Appointment, when the Real or Personal Estate thereby appointed would not in default of such Appointment pass to his or her Heir, Customary Heir, Executor, or Administrator, or the Person entitled as his or her next of Kin, under the Statute of Distributions...
Page 132 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 350 - US 263: —'Subject to the two leading prohibitions that their charges shall not be unjust or unreasonable, and that they shall not unjustly discriminate, so as to give undue preference or disadvantage to persons or traffic similarly circumstanced, the Act to Regulate Commerce leaves common carriers as they were at the common law...
Page 242 - ... b A set-off or counterclaim shall not be allowed in favor of any debtor of the bankrupt which (1) is not provable against the estate; or (2) was purchased by or transferred to him after the filing of the petition, or within four months before such filing, with a view to such use and with knowledge or notice that such bankrupt was insolvent, or had committed an act of bankruptcy.
Page 164 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Page 215 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 127 - Legislative power was exercised when Congress declared that the suspension should take effect upon a named contingency. What the President was required to do was simply in execution of the act of Congress. It was not the making of law. He was the mere agent of the lawmaking department to ascertain and declare the event upon which its expressed will was to take effect.
Page 416 - State residing at its principal place of business upon whom process may be served ; and such corporations shall be subjected to all the liabilities, restrictions and duties which are or may be imposed upon corporations of like character organized under the general laws of this State, and shall have no other or greater powers.