Confirm favorite deletion?
Contracts Keyed to Crandall
Beynon Building Corp. v. National Guardian Life Insurance Co.
Facts
The plaintiff entered into a mortgage with a third party and the mortgage was ultimately assigned to the defendant. The plaintiff alleged that in 1965 they received a new installment schedule and they would pay $649 in installments over a period of 180 months as oppose to 200 as the note stated, but the plaintiff never confirmed this with the defendant. After 180 months, the plaintiffs asked to be released from the mortgage but the defendant realized their mistake that the payments should have been for $694 instead of 649$ and the mortgage had not been paid off. They refused to release the plaintiff from the mortgage. The defendant argued mutual mistake and the plaintiff countered contending the defendant knew of the mistake in 1965 based on an installment update sent by the plaintiff and that their claims were therefore barred by the 10-year statute of limitations. Defendant argued they only discovered the mistake after the last payment was made.
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.