Relations between the Federal and State Courts

By Mitchell Wendell | Go to book overview

PART IV
ERIE v. TOMPKINS: A MORE MODEST UNIFORMITY

CHAPTER IX
THE CASE

THROUGHOUT our history as a nation most commercial law has emanated from local courts and legislatures. As a result, each of our states has come to have a body of commercial law somewhat different from that to be found in each of the other states. It has been said that these local variations correspond to differences in local conditions and that a system which permits each state to fashion its commercial law to meet its peculiar needs is more workable than a single national commercial code would be. However, a system of uniform statutory and common law throughout all of the forty-eight states would have certain advantages over present conditions. Businessmen who deal with out-of-state suppliers or customers as well as those who carry on simultaneous operations in many states would be among the first to notice the comparative simplicity of such an arrangement. In deciding whether a contract provision offered them proper protection for their interests, they would no longer have to wonder whether one rule would be applied to it in Illinois, a second in Indiana, and a

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