SURVIVAL OF ACTIONS-EFFECT OF PLAINTIFF'S DEATH ON CAUSE OF ACTION UNDER SHERMAN ACT-AVAILABILITY OF QUASI-CONTRACT REMEDY

Authors

Abstract

Testator had incurred losses on contracts for the sale of corn due to a conspiracy and "corner" of the market by defendants. He sued at law to recover treble damages under the Sherman Anti-Trust Act for an "injury to property." Pending the appeal, testator died, and his administrators on petition were substituted in his stead. Defendants claimed that the cause of action, which was in tort, abated upon testator's death and did not survive. Held, on the basis of the statute, 4 Edw. III, c. 7, which was to be considered part of the common law and which did not presuppose the existence of a quasi-contract, testator's administrators could recover. Moore v. Backus, (C. C. A. 7th, 1935) 78 F. (2d) 571.

Recommended Citation

SURVIVAL OF ACTIONS-EFFECT OF PLAINTIFF'S DEATH ON CAUSE OF ACTION UNDER SHERMAN ACT-AVAILABILITY OF QUASI-CONTRACT REMEDY, 34 Mich. L. Rev. 1051 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss7/20