Confirm favorite deletion?
Contracts Keyed to Dawson
Wholesale Sand & Gravel v. Decker
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. Review the Facts of this case here:
The only time reference in the contract was that payment was to be made within 90 days. Wholesale’s president believed they had 90 days to complete the project, but told Decker the driveway portion would be done in one week. Wholesale began work the weekend after the contract was executed, but immediately experienced difficulties due to the wetness of the ground and weather delays. Decker contacted Wholesale regarding the inactivity on the site on July 12th and was told Wholesale would “get right on it.” On July 19th, Decker gave Wholesale one week to finish. On July 28th, Decker called to cancel but agreed to give Wholesale one more day. Wholesale still did not show up, and Decker terminated the contract and hired someone else. Wholesale commenced this action and the court held for the Plaintiff. The court concluded that Wholesale’s conduct constituted an anticipatory repudiation of the contract, allowing Decker to terminate within the 60 day reasonable time period for completion of the project.
- 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.