Confirm favorite deletion?
Contracts Keyed to Calamari
S.J. Groves & Sons Co. v. Warner Co.
Facts
The Appellant, S.J. Groves & Sons Co. (the "Appellant"), sub-contracted to perform concrete work on a bridge for the state of Pennsylvania. The Appellant further subcontracted with the Appellee, Warner Co. (the "Appellee"), in March of 1970 to "deliver adequate supplies [of concrete] at scheduled times." Based on three lengthy strikes and failure to meet state specifications, the project was behind deadline. As a result of the delays, the Appellant attempted to secure other sources of concrete, but found no real alternatives. The one other company in the area, Trap Rock, was not certified by the state. The State stopped work on the project on June 21, 1972. After a conference between representatives from the state, the Appellee and the Appellant, to discuss the Appellee's lapses, the state allowed work to continue on June 26, 1972, but the Appellee's performance remained erratic. On July 11, 1972, Trap Rock was certified by the state and would have done the concrete work for the same price as the Appellee, but the Appellant decided to keep the Appellee as its sole cement supplier. The district court found "as of July 12, 1972, Groves had an obligation to utilize Trap Rock as a supplemental supplier . . . in order to mitigate any possible 'delay damages' resulting from Warner's service." As such, "the court did not award Groves all the delay damages it sought, allowing only $12,534 for overtime which had been paid on days when Warner's deliveries were late before, but not after, July 12, 1972." Additionally, "[s]ince the first pour on July 9, 1970 resulted in an unacceptable deck panel due to Warner's defective concrete and inadequate workmanship by Groves, the court allocated the cost of removing and replacing the panel. The total expenditure was $42,357.11 and Groves was awarded $10,589.43." All told, the trial court found in favor of the Appellant, but only awarded the Appellant $35,401.28 and this appeal ensued.
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.