Civil Procedure Keyed to Cound
Hanover Logansport, Inc. v. Robert C. Anderson, Inc
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Plaintiff and the Defendant entered into a lease agreement where the Plaintiff leased a property for the Defendant to use as a liquor store. The Plaintiff failed to provide the premises on the agreed date and the Defendant sued for breach of contract. Before the trial date, however, the Plaintiff offered to deliver the premises and the Defendant agreed to take it with the reservation that he accepted the premises for purposes of mitigation and not in settlement of damages. The parties filed the stipulation as agreed upon in the court and the Defendant took the premises. After a few months the Plaintiff moved to dismiss the present action and the court denied it. The Plaintiff appealed on the grounds that the prior judgment recorded precluded any further litigation based on the same cause of action.
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