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Contracts Keyed to Calamari
Kibler v. Frank L. Garrett & Sons, Inc.
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*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. Review the Facts of this case here:
The Plaintiff, Kibler (the "Plaintiff"), was hired by the Defendant, Frank L. Garrett & Sons, Inc. (the "Defendant"), to harvest the Defendant's wheat crop. The parties did not agree to a price, however, the Plaintiff testified he told the Defendant that the price would be 18 cents per bushel if there were more than 50 bushels per acre. However, if the harvesting was more difficult than initially assumed the price might be higher. The Plaintiff billed the Defendant 20 cents per bushel, because of difficulties encountered during the harvest. The total bill was $876.20. The Defendant sent a letter and a check in the amount of $444 to the Plaintiff. In the letter, the Defendant said the parties agreed to $10 an acre and that because the wheat was relatively heavy they would pay $2 more per acre. The Defendant also says the amount requested by the Plaintiff was ridiculous. The Defendant's check included the following fine print: "By endorsement this check when paid is accepted in full payment of the following account." The Plaintiff's attorney told him to deposit the check, but neither the attorney nor the Plaintiff knew about the fine print. The Plaintiff brought suit for the balance, and the trial court determined the parties intended for the check to be an accord and satisfaction.
- 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.