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Contracts Keyed to George
Maxton Builders, Inc. v. Lo Galbo
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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:
Maxton Builders, Inc. (Maxton) (plaintiff) went into an agreement to offer a recently developed home to Cynthia and Richard Lo Galbo (defendants) for $210,000. If the property taxes surpassed $3,500 the agreement furnished the Lo Galbos with the alternative to cancel the agreement upon written notice to Maxton within three days of offering a $21,000 installment check. After discovering that the property taxes were substantially more than $3,500 the Lo Galbos' lawyer sent written notice to Maxton's lawyer illuminating him of their choice to cancel the agreement. However, the letter was not gotten by Maxton's lawyer within the required three-day period. From that point, the Lo Galbos stopped paying the installments on their down payment check. Maxton documented suit against the Lo Galbos to recuperate the down payment amount claiming that they had breached the agreement. The trial court affirmed and held for Maxton. The Lo Galbos appealed. The appellate division affirmed the trial court's judgment. The Court of Appeals of New York granted certiorari to review.
- 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.