Commercial Law Keyed to Lopucki
Mineral Park Land Co. v. Howard
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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:
Plaintiff owned certain land and the Defendant made a contract with public authorities for construction of a bridge across their land. Plaintiff granted to the Defendant the right to haul gravel and earth from Plaintiff’s land, the Defendant agreed to take away all of the gravel and earth necessary in the construction of the fill and cement work on the bridge. Defendant agreed to pay 5 cents per cubic yard for the first 80,000 yards, the next 10,000 yards were to be given free of charge, and the balance was to be paid for at the rate of 5 cents per cubic yard. Plaintiff’s complaint alleged that the Defendant had taken 50,131 cubic yards of earth and gravel and became indebted to the Plaintiff for $1,606.55. In other words, that they took more gravel and earth than they were entitled to. The second count sought to recover damages for Defendant’s failure to take from Plaintiff’s land any more than 50,131 yards. Defendant’s answer denied the allegations. The court found that Plai ntiff’s land contained earth and gravel in excess of 101,000 cubic yards, the amount taken by the Defendant was above water level. The court found that the Defendant took all the available earth and gravel from Plaintiff’s premises.
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