Contracts Keyed to Calamari
Schwartzreich v. Bauman-Basch, Inc.
On August 31, 1917, the Plaintiff, Schwartzreich (the "Plaintiff"), entered into an agreement with the Defendant, Bauman-Basch, Inc. (the "Defendant"), to design clothes. The Plaintiff was to receive a salary of $90.00 per week. In October 1917 the Plaintiff was offered by another company $11o or $115 per week. The testimony as to the offered amount was inconsistent. Upon learning that the Plaintiff was going to leave, Mr. Bauman an officer of the Defendant company, had a conversation with the Plaintiff and offered him $100 per week to stay. A new contract dated October 17, 1917, reflected the $100 per week salary. The Plaintiff testified that Mr. Bauman told him he did not need to keep the old contract because the new one took its place. The Plaintiff was discharged by the Defendant in December of 1918. Subsequently, the Plaintiff brought this action under the October 17, 1917 contract. The Defendant, before the trial court, alleged there was no consideration supporting the October 17, 1917 contract, because the Plaintiff was already bound under the August 31, 1917 agreement. The trial judge in-structed the jury that if the Plaintiff and the Defendant mutually consented to revoke the original contract, the Plaintiff could recover dam¬ages for the Defendant's breach of the second con¬tract. The trial judge set aside the juries verdict for the Plaintiff. The Appellate term reversed the trial court's ruling and reinstated the verdict in favor of the Plaintiff.
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.