Confirm favorite deletion?
Commercial Law Keyed to Lopucki
O.W. Grun Roofing and Construction Co. v. Cope
Facts
Plaintiff and Defendant entered into a written contract, which required Defendant to install a new roof on Plaintiff’s home for $648.00. The contract specified that the color of the roof was to be russet glow. After the roof was installed, Plaintiff noticed that the roof had yellow streaks. Defendant agreed to remedy the situation and removed the nonconforming shingles. However, the replacement shingles did not match the remainder, even after time the color was different. Therefore, it can be reasonably assumed that the only way to have a uniform roof would be to install a completely new roof. Plaintiff sued Defendant to set aside a mechanic’s lien and to recover damages as a result of Defendant’s failure to perform a contract to install a new roof on Plaintiff’s home. Defendant filed a cross-claim for the amount, which Plaintiff agreed to pay Defendant for installation of the roof and for foreclosure of the mechanic’s lien on Plaintiff’s home. The trial court awarded $122.60 in damages to Plaintiff for Defendant’s failure to perform the contract; set aside the mechanic’s lien; and denied Defendant recovery on its cross-claim. Defendant appeals.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
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.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.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.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.