Contracts Keyed to Farnsworth
McCloskey & Co. v. Minweld Steel Co
Facts
Plaintiff, a contractor, entered into three agreements with the Defendant, a subcontractor, whereby Defendant would provide and construct structural steel for two hospitals. There was no specified date for performance in the contracts, but the contracts did provide that prompt delivery and construction was of the essence. After Defendant received the specifications, Plaintiff inquired as to the dates of delivery. Defendant provided a schedule for delivery and construction, and Plaintiff threatened to terminate the contracts if it did not receive assurances that delivery and construction would occur within thirty days after Defendant received the necessary steel. Defendant informed Plaintiff that there was difficulty in obtaining the necessary steel because of a shortage, but that it was anxious to perform on the contracts. Defendant also asked Plaintiff for assistance in obtaining the steel from suppliers. Plaintiff treated the contracts as repudiated and hired another subcont ractor to perform the work. Plaintiff then sued for damages alleging anticipatory breach by Defendant on the three contracts. Defendant was later able to procure the necessary materials and hired workers to perform the construction. The trial court held that Plaintiff had not made a prima facie case (i.e., Defendant had not repudiated the agreements). The United States Court of Appeals for the Third Circuit affirmed.
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.