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Posted by david on Thursday, February 07 @ Eastern Standard Time (606 reads)
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| BROKERS; LEASING BROKERS; COMMISSION |
BROKERS; LEASING BROKERS; COMMISSION
Thursday, June 21, 2007
by: Patrick A. Randolph, Jr.
Elmer F. Pierson Professor of Law
UMKC School of Law
HGCD Retail Serv. v. 44-45 Broadway Realty, 826 N.Y.S. 2d (A.D. 1 Dept. 2006).
BROKERS; LEASING BROKERS; COMMISSION: A broker was not
entitled to its commission in a failed real estate transaction where, following
a dispute, the parties settled their claim with tenant paying a substantial
settlement and the lease being cancelled. No commission was payable
because a condition precedent to the landlord's obligation to pay the
commission, namely the tenant's payment of "rent," never occurred.
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Posted by corpusdelicti on Thursday, June 21 @ Eastern Daylight Time (1106 reads)
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| Who Controls an Estate the State or the Feds |
Anonymous writes "PROBATE, PROBATE EXCEPTION, FEDERAL JURISDICTION,
SUBJECT MATTER JURISDICTION, BANKRUPTCY, TRUST,
WILL, ESTATE, TORTIOUS INTERFERENCE, INTER VIVOS
GIFT, ANNA NICOLE SMITH
Marshall v. Marshall (04-1544)
Oral argument: Feb. 28, 2006
When billionaire oil tycoon J. Howard Marshall II
died, he was survived by his wife of one year,
Vickie Lynn Marshall -- better known as Anna Nicole
Smith. Mr. Marshall's son from a previous marriage,
E. Pierce Marshall, became the executor of the elder
Marshall's estate and the principal beneficiary of
an inter vivos trust, neither of which included Mrs.
Marshall. Nevertheless, a legal battle between Mrs.
Marshall and E. Pierce over exactly what Mr.
Marshall intended for his wife has taken place since
Mr. Marshall's death. The case has bounced from a
probate court in Texas, to a federal bankruptcy
court in California, and now to the Supreme Court of
the United States. The issue now before the Court
concerns the relationship between federal and state
powers, as related to the "probate exception" to
federal jurisdiction -- namely, when can federal
courts, including bankruptcy courts, decide cases
involving traditionally state-directed claims in
inheritance. The Supreme Court's decision in this
case will affect the rights not only of state and
federal judicial systems, but also the multitude of
individuals throughout the nation planning,
managing, and litigating their rights in estates,
finances, and the future livelihoods of themselves
and their loved ones.
"
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Posted by corpusdelicti on Tuesday, August 22 @ Eastern Daylight Time (1537 reads)
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| Sharon Taylor of Nevada |
 Sharon Taylor
a/k/a
whatgr8stuff
on E-bayLet me introduce you to Sharon Taylor of 167 N. Gibson Road, in Henderson, NV,
Tel. 702-575-8180.
My association with Taylor is an interesting and unpleasant tale that
began twenty plus days ago when I purchased a camera lens from Taylor on E-bay.
One of Taylor's requirements was that she wanted her payment in certified funds. I honored that requirement.
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Posted by corpusdelicti on Tuesday, August 22 @ Eastern Daylight Time (1665 reads)
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| Del. Wardrup says VA SENATE budget violates VA Constiution |
DEL. WARDRUP SAYS BUDGET WITH TAX HIKE WON'T
HAPPEN!
 VIRGINIA
BEACH (May 6, 2006) - - The state budget
surplus now exceeds $1.5 BILLION and the state Senate still wants to levy
another $1 BILLION tax on the citizens of the Commonwealth, Virginia Beach Del.
Leo Wardrup said Saturday. And it 'ain't gonna happen,' he added.
The much touted budget impasse between the House and Senate is over whether
House Republicans will go along with violating the state Constitution, Wardrup
told the monthly breakfast meeting of the Tidewater Libertarian Party.
The impasse has nothing to do with the fact the House is blocking transportation
needs or won't approve a budget because of a Senate-mandated tax hike. It is
because the Senate insists on tying the budget to a tax hike for transportation.
Wardrup said, "The Constitution of Virginia requires any bill that goes
through the General Assembly be confined to a single purpose..." which
means you can't attach a rabbit hunting amendment to a bill changing the speed
limit. Yet that's what the Senate is trying to do by lumping a tax into the
budget bill.
Called an enigma, obstinate, confusing, 'good Leo, 'bad Leo,' and other names by
the Virginian-Pile It, Wardrup didn't waste an opportunity to take a swipe at
the Pile It, which has always been anti-Leo Wardrup because he doesn't do what
the editors want him to do. Wardrup said, "They ask 'What does Leo want?'
"That's a demeaning sort of thing using a person's first name...they lose
no opportunity to belittle me in any way they can...that makes me madder, so let
them have at it. OK?" To a roaring round of applause, Wardrup continued:
"What do I want? I told them before I ran. I've told them 2 or 3 times ...
since I've been up there: All I want is a budget with no tax increases in
it."
As soon as the budget bill is settled, he said the House will talk about solving
the transportation issues - the top priority of which, in Tidewater, is
upgrading U.S. 460 to Interstate specifications. And it will be a toll road,
Wardrup conceded. No new future roads can be built without tolls.
He used the opportunity to tell the packed house that newspapers and radio are
exempt from sales and use taxes. "Did you know that? Now you start talking
about removing that exemption and you'd think we're talking about throwing the
constitution out."
He's introduced a bill to remove that exemption every year for the past 4 years
and he gains more and more votes each year. Every time it comes up and the
lobbyists for the media appear, I've never seen so many Armani suits and Guicci
loafers in one room in my life to defend that exemption.
Despite the constant media sniping, Wardrup concluded by saying that the budget
needs to be addressed responsibly.
"If it means giving in to what I regard as unconstitutional manuever pushed
forward by the Senate, if it means giving in to a $1B ILLION tax increase and
turning upside down the way we do government in Richmond, then I'm not going to
pass a budget.
I'm not going to sign off on a budget if it has tax increases in it and I'm one
of the negotiators."
The establishment media, he said has fed the public a great deal of
misinformation about the problems the House legislators are facing in being held
hostage by the Senate to commit an illegal, unconstitutional act.
About 75 people attended the Saturday breakfast including students from a
government class at Princess Anne High School.
PA students Ramona Diaz and James Garris talk with Wardrup after
Saturday's breakfast meeting
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Posted by corpusdelicti on Monday, May 08 @ Eastern Daylight Time (1591 reads)
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| Big Story of Today | |
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There isn't a Biggest Story for Today, yet. | |
| Gas Prices 1/2hr Updates | |
| Virginia Roads | |
| Restaurant Reviews VDH | |
| Old Articles | |
| Saturday, April 29 | | · | JONES v. FLOWERS (No. 04-1477) Fourteenth Amendment Due Process |
| Tuesday, April 25 | | · | Mohawk Industries, Inc. v. Williams (05-465) ILLEGAL IMMIGRANTS |
| · | Kircher v. Putnam Funds Trust (05-409) INVESTING |
| Wednesday, April 19 | | · | Arbor Day ~ Tree Planters' Holiday |
| Sunday, April 16 | | · | Americans united against eminent domain abuse |
| Sunday, April 09 | | · | Eminent domain bill likely will pass in Fla |
| Wednesday, April 05 | | · | Where To File Those Federal Returns |
| Tuesday, April 04 | | · | Benefit Prevent Child Abuse Hampton Roads |
| Monday, April 03 | | · | No Case For Higher Taxes |
| · | TAX WAR: Why Sen. Chichester is wrong |
| · | GEORGIA v. RANDOLPH (No. 04-1067) Thomas' Dissent |
| Sunday, April 02 | | · | Property Rights and Police Powers ~ Warrantless Entry |
| Tuesday, March 28 | | · | Big Money Talks ~ Big Boxes Prevails |
| Monday, March 27 | | · | Wal-Mart and Town Center |
| · | eBay v MercExchange, L.L.C. (05-130) PATENT INFRINGMENT |
| Friday, March 24 | | · | Anza v. Idea Steel Supply Corp. (04-433); ART. 1 SEC. 8 ¶3 USC;RICO |
| Tuesday, March 21 | | · | federal statute has eliminated a historically entrenched state-law remedy |
| Monday, March 20 | | · | Death Tax Collections Decline ~ State Tax Collections Grow Over 10 Percent |
| Friday, March 17 | | · | Are homeowners living in mandatory membership associations satisfied with HOA |
| Saturday, March 11 | | · | Virginia's Death Tax and Estate Planers' Issues |
| Tuesday, March 07 | | · | Tax Pitfals For Smnall Business |
| Sunday, March 05 | | · | Politicians discovered dead people don't mind being taxed twice |
| Friday, March 03 | | · | On The Commons this week is Meryl Lanson CEO Victims Of the System |
| Tuesday, February 28 | | · | Arbitration law applies in state as well as federal courts |
| Monday, February 27 | | · | What Does the Commerce Clause Mean |
| Saturday, February 25 | | · | School Board Monkey ~ Sees Nothing, Hears Nothing, Speaks Nothing |
| Friday, February 24 | | · | Tax Cutting Warrenton Mayor To Visit Area |
| Wednesday, February 22 | | · | THE SUIT / STOLLE / MCDONNELL / FAKE CONSTITUTIONAL AMENDMENT BILL |
| Sunday, February 12 | | · | 1031 exchanges |
| · | VA Death Tax ~ taking property from one Virginian and giving it to another |
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