Home: Contracts Case Briefs

407 East 61st Garage, Inc. v. Savoy Fifth Avenue Corp., 23 N.Y. 2d 275 (N.Y. Ct. App. 1968) Facts: Plaintiff, 407 East 61st Garage, Inc.,...

NAME: A.B. Parker v. Bell Ford, Inc. Supreme Court of Alabama, 1983. FACTS: Parker bought a truck from Bell Ford, Inc. for about $6200. The...

Acme Markets Inc. v. Federal Armored Express Inc. Procedural: Nov. 20, 1990 Appellant filed a breach of K complaint against Federal. Appellant...

1. Acme Mills & Elevator Co. v. Johnson, (1911); pg. 1061, briefed 3/26/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

NOTE: This is the landmark case from which the mailbox rule is derived. The mailbox rule stands for the proposition that an offer is accepted upon...

Adams v. Lindsell, EWHC KB J59 (1818) Facts: Defendants sent a letter to Plaintiffs on September 2, offering to sell to Plaintiffs certain...

Procedural History: Plaintiff sues insurance company for voiding an insurance contract after he failed to notify them in a timely manner that he was...

NAME: AFLAC, Inc. v. Williams, Sup. Ct. of GA (1994) FACTS: Amos, AFLAC chairman, entered into a 7yr agreement with attorney Williams to provide...

Akers v. Sedberry: Akers was in a conference with his boss Sedberry, and Akers orally offered to resign. Sedberry ignored the offer, but a few days...

1. Alaska Airlines, Inc. v. Stephenson, (1954); pg. 814, briefed 5/4/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Alaska Democratic Party v. Rice, 934 P.2d 1313 (Suprme Court of Alaska 1997) Prepared by Dirk Facts: -Rice alleged that Wakefield, on behalf...

Alaska Packers’ Ass'n v. Demenico, 117 F. 99 (9th Cir. 1902) Facts: Demenico and other workers (Plaintiffs/Appellees, hereinafter referred to as...

Albert Hochster v. Edgar De La Tour, Q.B. 2 E. & B. 678, 118 Eng. Rep. 922 (1853). Facts: Hochster (“Plaintiff”) entered into a contract with...

Alcoa v Essex Group, Inc. United States District Court, Western District of Pennsylvania, 499 F. Supp. 53 (1980) Facts Alcoa entered into an...

**Allegheny College v. National Chautauqua County Bank of Jamestown, (1927); pg. 501, briefed 11/17/94 Prepared by Roger Martin...

Allegheny College v. National Chautauqua County Bank of Jamestown NY Court of appeals Prepared by Dirk Facts: -In this case, a woman, Mary Yates...

Procedural History: Plaintiff enters into contract with a mortuary for cremation and shipment of his brother’s remains. Plaintiff sues for emotional...

Allhusen v. Caristo Construction Corp. 103 N.E.2d 891 (N.Y. 1952) Facts: A general contractor contracted with a subcontractor for certain...

Suggested Method of Acceptance Allied Steel and Conveyors, Inc. v. Ford Motor Co., 277 F.2d 907 (6th Cir. 1960) Prepared by Candice Facts: ...

**Amalgamated Investment and Property Co. Ltd. v. John Walker & Sons, Ltd., (1976); pg. 893, briefed 2/2/95 Prepared by Roger Martin...

American Broadcasting Companies, Inc. v. Wolf, 52 N.Y. 2d 394 (1981) Facts: Defendant Wolf entered into an employment contract with his employer,...

American Trading and Production Corp v. Shell Int’l Marine LTD, 453 F.2d 939 (2d Cir. 1972) Prepared by Seth Facts: The owner is a Maryland...

1. American Trading and Production Corp. v. Shell International Marine, Ltd., (1972); pg. 955, briefed 2/22/95 Prepared by Roger Martin...

1. Amtorg Trading Corp. v. Miehle Printing Press & Mfg. Co., (1953); pg. 1055, briefed 3/8/95 Prepared by Roger Martin...

**ANDERSON V. BACKLUND (1924); briefed 8/25/94. Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π was having difficulty...

Angel v. Murray, 113 R.I. 482; 322 A.2d 630 (RI 1974) Prepared by Seth Facts: Maher was employed by the City of Newport as a refuse collector...

Anglia Television LTD. v Reed Court of Appeal, Civil Division, 3 All E.R. 690 Facts In preparation for filming a play, Anglia had secured a place...

Ardente v Horan Supreme Court of Rhode Island 366 A.2d 162 (1976). Facts Ardente made a bid for property offered for sale by the Horans. The...

Procedural and Substantive Unconscionability Armendariz v. Foundation Health Prepared by Candice Facts: Marybeth and Dolores hired by ∆...

Procedural History: Plaintiff sues to get an injunctive order to stop former employees from assisting in the hiring process at their new employer....

Audette v. L’Union St. Joseph, 178 Mass. 113, 59 N.E. 668 (Mass. 1901) Prepared by Seth Facts: A by-law of the defendant association provided...

**Austin Instrument, Inc. v. Loral Corp., (1971); pg. 657, briefed 1/22/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Austin Instrument, Inc. v. Loral Corp., 29 N.Y.2d 124; 272 N.E.2d 533; 324 N.Y.S.2d 22 (1971) Prepared by Seth Facts: Loral was awarded a...

**Austin v. Burge (1911); pg. 242, briefed 10/2/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆ received and read a...

NAME: Azevedo v. Minister, (Nev. 1970). FACTS: Azevedo is a rancher who buys and sells hay, Bolton operates a ranch at which he "raises and sells...

Baehr v. Penn-O-Tex Oil Corp. 258 Minn. 533, 104 N.W.2d 661 (1960) Prepared by Suzette Facts: The plaintiff leased a gasoline filling station...

Bailey v State of Alabama United States Supreme Court 219 U.S. 219 (1911) Facts Bailey entered into a contract with Riverside to work as farm...

Baird v. Gimble US Court of Appeals for the 3nd Circuit Prepared by Dirk Facts: -The defendant, a NY merchant, sent an employee to...

Balfour v. Balfour, 2 KB 571 (1919) Prepared by Seth Facts: Husband and wife lived together in Ceylon. They went to England during the Husband’s...

Ballard v. El Dorado Tire Co., 512 F.2d 901 (5th Cir. 1975) Prepared by Seth Facts: The employment contract was executed on May 31, 1969. It...

NAME: Banco Do Brasil v. State of Antigua and Barbuda. N.Y. Appellate Division, First Department, 2000. FACTS: The Bank lent a principal of...

NAME: Bartus v. Riccardi. City Court, City of Utica. 1967. FACTS: Bartus sold hearing aids for a manufacturer named Acousticon. On January 15,...

Batsakis v. Demotsis Court of Civil Appeals of Texas, 1949. 226 S.W.2d 673. Prepared by Suzette Facts: The defendant wrote the plaintiff a...

Batsakis v. Demotsis 226 S.W.2d 673 Texas Court of Civil Appeals Prepared by Dirk Facts: -Demotsis, appellee, borrowed 500,000 drachmae from...

Procedural History: Buyer sues seller for breach of contract in the sale of goods. Supreme Court denies motion to dismiss but appellate court does...

Procedural History: Plaintiff sues a coin dealer for rescission of a contract in which he bought a supposedly valuable dime for $500. Trial court...

NAME: Beall v. Beall. Court of Special Appeals of Maryland, 1980. FACTS: Π allowed Δ to farm his property if they paid the property taxes. Δ’s...

Procedural History: Plaintiff is a licensing agent who sues a client for his commissions after the client entered into a joint venture with another...

**Bernstein v. W.B. Manufacturing Co., (1921); pg. 465, briefed 11/10/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts:...

Berryman v. Kmoch Supreme Court of Kansas 1977 Prepared by Dirk Facts: -Berryman, plaintiff, filed this claim to make an option contract...

Blatt v. University of Southern California Court of Appeal of California, Second District, 5 Cal. App. 3d 935; 85 Cal. Rptr. 601 (1970) Facts...

NAME: BMC Industries, Inc. v. Barth Industries, Inc. United States Court of Appeals, Eleventh Circuit, 1998. FACTS: BMC, Π, produces unfinished...

Procedural History: Plaintiff sues for breach of a contract with defendant, claiming that the defendant must pay the money he owed plaintiff under...

Procedural History: Plaintiff sues defendant for expenses incurred while moving from Texas to Kentucky after he was promised a home on defendant’s...

Boone v. Coe Court of Appeals of Kentucky, 153 Ky. 233, 154 S.W. 900 (1913) Facts Defendant made a parol contract lease for one year with...

**BORG-WARNER CORP. v. ANCHOR COUPLING CO. (1959), pg. 226; briefed 9/4/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts:...

No Statute on Point Bovard v. American Horse Prepared by Candice Facts: -Ralph agrees to buy a bong manufacturer (American Horse) from Bovard....

NAME: Brackenbury v. Hodgkin. Supreme Judicial Court of Maine, 1917. FACTS: Δ Hodgkin was an elderly widow who began contacting the Π (her...

1. Britton v. Turner, (1834); pg. 1021, briefed 3/5/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The ¹...

Brower v. Gateway 2000 NY Supreme Court, appellate division 1998 Prepared by Dirk Facts: -Brower, named plaintiff in a class action brought...

Brower v. Gateway 2000, Inc., 246 A.D.2d 246, 676 N.Y.S.2d 569 Prepared by Seth Facts: Appellants purchased a computer from Gateway. The terms...

Brown Machine v. Hercules Missouri Court of Appeals 1981 Prepared by Dirk Facts: Hercules sought to buy a trim press from Brown, and Brown...

Brown v. Oliver Supreme Court of Kansas 123 Kan. 711, 256 P. 1008 (1927) Facts Plaintiff bought a hotel property from Defendant, and both had a...

Procedural History: Plaintiff sues for breach of good faith in a contract involving the renewal of a lease. Trial court and appellate court both find...

Buffaloe v. Hart NC COA 1994 Prepared by Dirk Facts: -In 1988, Buffaloe rented 5 barns and tobacco from defendants. -After renting for two...

Burch v. Second Judicial District Ct. of Nevada Prepared by Suzette Facts: Buyers purchase a home from Double Diamond builders. They are...

Burger King Corp v. Family Dining, Inc., 426 F.Supp. 485 (E.D. Pa. 1977) Prepared by Seth Facts: Burger King and Family Dinning entered into an...

Follow Express Terms Burger King v. Weaver Prepared by Candice Facts: Weaver buys one franchise and then 12 years later another both in...

Bush v Canfield Supreme Court of Errors 2 Conn. 485 (1818) Facts Canfield agreed to deliver 2000 barrels of Superfine wheat flour to Norton &...

Procedural History: Plaintiffs sue travel company for their travel deposit back on a trip cancelled after Sept. 11. Defendant travel company moves...

**BUTLER V. FOLEY (1920); pg. 250, briefed 9/29/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: π bid $152 each for 50...

1. Butterfield v. Byron, (1891); pg. 937, briefed 2/19/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The ¹...

NAME: C&J Fertilizer, Inc., v. Allied Insurance, Iowa S.Ct., 1975. FACTS: Plaintiff had a burglary policy issued by Defendant. In April of...

Procedural History: Plaintiff sues shipping company for the delay of a sugar shipment. Plaintiff asks for damages for loss due to a drop in market...

**Caldwell v. Cline (1930); pg. 368, briefed 10/26/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆ sent a letter to π...

When a Contract Does Exist Callano v. Oakwood Park Homes Prepared by Candice Facts: Oakwood (∆) was building a housing development, and they...

1. Campbell Soup Co. v. Wentz, (1948); pg. 1097, briefed 4/1/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. Canadian Industrial Alcohol Co. v. Dunbar Molasses Co., (1932); pg. 944, briefed 2/19/95. Prepared by Roger Martin...

Cantrell-Waind & Associates, Inc v. Guillaume Motorsports, Inc., 968 S.W.2d 72 (Ark. App. 1998) Prepared by Seth Facts: Appellee...

Cantu v. Central Education Agency, 884 S.W. 2d 565 (Tex. Ct. App. 1994) Prepared by Seth Facts: Cantu was hired as a special education teacher...

**Capital Savings & Loan Assn. v. Przybylowicz (1978); pg. 299, briefed 10/9/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) ...

Carlill v. Carbolic Smoke Ball Co. Court of Appeal, 1893 1 Q.B. 256 Facts: Defendants Carbolic Smoke Ball Co, placed an advertisement in the...

**Carlill v. Carbolic Smoke Ball Co. (1892); pg. 373, briefed 10/27/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆...

Procedural History: Plaintiff and husband were involved in a franchise-type agreement with Adirondack Bottled Gas that had a termination clause when...

Carnival Cruise Lines v Shute 499 U.S. 585 (1991) Facts The Shutes, through a Washington travel agent, purchased a 7-day cruise from Carnival. ...

Procedural History: Shutes sue Carnival Cruise Line for injury claim in Washington. Carnival appeals on personal jurisdiction ground saying that the...

NAME: Cazares v. Saenz, 4th DCA Calif., 1989. FACTS: Two firm partners had an agreement with Saenz to split their attorney’s fees at 33 1/3% of...

Procedural History: Centech and INET are involved in a contract together, which is extended to a second contract. Centech sues INET, claiming the...

Centex Homes Corp. v. Boag Superior Court of New Jersey, 1974 Fact: Plaintiff is a corporation engaged in the development of luxury high-rise...

Rule of Reasonableness Central Adjustment Bureau v. Ingram Prepared by Candice Facts: *CAB a debt collection agency, hires three guys and...

**Central London Property Trust, Ltd. v. High Trees House, Ltd., (1947); pg. 663, briefed 1/19/95. Prepared by Roger Martin...

1. Chandler v. Webster, (1904); pg. 931, briefed 2/15/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: The...

Chicago Coliseum Club v Dempsey Illinois Court of Appeals, First District, 265 Ill. App. 542 (1932) Facts On March 6th Plaintiff entered into an...

Procedural History: Plaintiff (buyer) sues defendant (seller) for specific performance on an oral agreement regarding the purchase of a piece of...

NAME: Chronister Oil Co. v. Unocal Refining and Marketing (7th Cir. 1994) FACTS: Chronister was to deliver 25,000 barrels of gasoline to Colonial...

Procedural History: City of Anaheim sues new owner (Angels Baseball) for breaching a lease agreement by changing the team’s name. Jury finds in favor...

Procedural History: Buyer and seller are contesting the contents of a safe, each claiming that he is the rightful owner of those contents. Both...

**CITY STORES CO. V. AMMERMAN (1967); pg. 1089, briefed 9/22/94 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) Facts: ∆ owned...

1. City Stores v. Ammerman, (1967); pg. 1089, briefed 3/30/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts:...

1. Clark v. Marsiglia, (1845); pg. 1313, briefed 4/23/95 Prepared by Roger Martin (http://people.qualcomm.com/rmartin/) 2. Facts: An...