Harvard Law Review Volume 21

Harvard Law Review Volume 21

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...cause. At least, something more than a mere introduction to the landowner of the person who ultimately becomes the purchaser is required.' Mr. Cleave also discusses another point: whether the question is to be left to the jur or reserved for the court. Former English rulings are to the latter effect.' n this country the question does not appear to have come up in connection with a letting and subsequent sale, but in similar cases where the agent has introduced a person who subsequently purchases directly from the owner, it has universally een left to the )1! w ether or not the agent is entitled to a commission. as the efiicient cause 0 the sale.' Mr. Cleave conceives, taking the better view pa-rhaps, that the facts might be found by the jury, but the inference should always be for the judge, since the construction of an agreement is involved.1 Rcsrnsmrs on ALIENATION IN New Yonx.-An interesting question arising under the New York Real Property Law is considered in a recent article. Power: of Sale as A acting Rerlraints on Alienation, by Frederick Dwight, 7 Colum. L. Rev. 5 9 (December, I907). Under that aw it has been eld that a trust is void when it is to continue longer than two lives in being if the trustee has no power to terminate the trust, though he has power to change the form of investment by sale of the re: at any time.1 Mr. Dwight argues that the sole basis for the common law rule against restraints on alienation is one of commercial convenience, which demands that land remain alienable so that it may come into the hands of those who will put it to the most profitable use and thereby increase the national wealth. He would give no weight to what he terms the "sentimental " theory of Professor Gray, ...show more

Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123686798X
  • 9781236867988