Contracts Keyed to Knapp
Sackett v. Spindler
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- Topic: Identifies the topic of law and where this case fits within your course outline.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- 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 Plaintiff, Sheldon Sackett (Plaintiff), entered into a contract to buy stock from the Defendant, Paul Spindler (Defendant). The contract stipulated that the Plaintiff was to make three payments due on specified dates. The Plaintiff made the first payment on time and the second payment a few days after it was due. He rendered a check for the third payment prior to its due date, but this check was drawn on insufficient funds. The Plaintiff informed the Defendant that he would be able to pay the balance by September 22. The Defendant notified the Plaintiff that if he did not receive the funds by that date, he would not consider completing the sale and he would assess damages for the Plaintiff’s breach of contract. Plaintiff failed to make the payment on September 22 and the Defendant extended the due date until September 29. Again, the Plaintiff failed to make the payment on time. On October 4, the Plaintiff sent a telegram to the Defendant stating that he was now “ready, eag er and willing” to complete the transaction. On October 5, the Defendant wrote a letter to the Plaintiff stating that he was unwilling to complete the transaction due to the Plaintiff’s delay in performing the contract.
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