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Contracts Keyed to Frier
Hamilton Bancshares, Inc. v. Leroy
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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:
Hamilton Bancshares, Inc. (Hamilton) (plaintiff) entered into two option contracts, one with the Leroys (defendants) and the other with the Gordens (defendants). The contracts gave Hamilton an 80-day option to purchase bank stock and recited the consideration as “one Dollar and other good and valuable consideration.” Hamilton did not pay the $1 consideration, but did pay $5,000 in earnest money under each contract, which was to be applied to the purchase price of the bank shares if the option was exercised or refunded if the option was not exercised. The defendants withdrew both options. Hamilton sued for specific performance of the options. The circuit court granted the defendants’ motions for summary judgment, finding that there was no consideration for the options. The circuit court concluded that the earnest money that was paid did not benefit the defendants, because it was required to be refunded if the options were not exercised. Hamilton appealed.
- 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.