Contracts Keyed to Fuller
Osteen v. Johnson
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- 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.
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- 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:
Osteen (Plaintiff) paid Johnson (Defendant) $2,500, and Defendant orally agreed to promote Plaintiff’s daughter for a period of one year by mailing flyers and arranging for Plaintiff’s daughter to record two records and to mail these records to disc jockeys. Plaintiff’s daughter recorded a record. Of the 1,000 records pressed, Defendant sent 340 copies to disc jockeys. Defendant also promoted Plaintiff’s daughter nationwide through mailings and other advertisements. Plaintiff sued for breach of contract, but the trial court concluded that Defendant had substantially performed the contract. The court found however that Defendant had wrongfully caused another person to be credited as co-writer of one of the songs and awarded Plaintiff damages of $1 plus costs.
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