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Contracts Keyed to Calamari
Southwest Engineering Co. v. Martin Tractor Co., 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, Southwest Engineering Co. (the "Plaintiff"), is a general contractor. The Defendant, Martin Tractor Co. (the "Defendant") was a subcontractor. The Plaintiff was interested in April 1966, in submitting a bid to the United States Corps. of Engineers to construct certain runway lighting facilities at an air force base. Prior to submitting their bid, on April 11, 1966, Mr. R.E. Cloepil ("Mr. Cloepil"), an employee of the Plaintiff called Mr. Ken Hurt ("Mr. Hurt"), an employee of the Defendant to ascertain the price of a standby generator and accessory equipment. On April 12, 1966, Mr. Hurt called Mr. Cloepil and told him the price would be $18,500. On April 14, 1966, the Plaintiff submitted their bid, which included the $18,500 figure quoted by Mr. Hurt. The Plaintiff was notified on April 20, 1966 that their bid was accepted. During a meeting on April 28, 1966, Mr. Hurt, speaking for the Defendant, raised the price of the generator to $21,500. Mr. Cloepil on behalf of the Plaintiff assented to this change. The parties never agreed to how payment was to be made. Then, in a letter from Mr. Hurt to Mr. Cloepfil dated May 24, 1966, Mr. Hurt informed the Plaintiff that they could not proceed with the sale and that the verbal quote was withdrawn.
- 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.