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Contracts Keyed to Knapp
Winternitz v. Summit Hills Joint Venture
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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:
Appellant operated a pharmacy. On January 31, 1983, Appellant’s six year lease expired. The lease provided that if Appellant remained in possession, Appellant would become a month-to-month tenant and the rent would continue to be $1,658. Either Appellant or Appellee could terminate the month-to-month tenancy with 30 days written notice. In October of 1982, Appellant discussed renewal of the lease with a partner and officer of Appellee and asked if the lease could be transferred. Appellee agreed to renew the lease and indicated there would be no objection to assignment to a financially sound assignee. In mid-January of 1983, Appellee’s property manager delivered to Appellant a proposal for a two year lease with an eight year renewal conditioned on renovations to be made by Appellant. After clarifying the conditions, Appellant asked when the lease could be signed. Appellant received a copy with the word SAMPLE printed on the first and last pages. Although both Appellant and Appellee’s property manager were authorized to sign the lease, the property manager told Appellant that the lease would be signed at some point. However, the property manager instructed Appellant to pay the new rent. Believing that the lease had been renewed and could be assigned, Appellant began trying to sell his business. Appellant soon found a buyer and on February 2, 1983, sold the business to the Suh family for $70,000. The contract for the sale of the business mentioned the assumption of the lease. In addition, the contract included a provision making the contract contingent upon the seller procuring the lease. The Suhs met with Appellee’s property manager to discuss their financial situation. The property manager stated that she did not foresee any problems. After a few days, Appellant contacted a partner and officer of Appellee. Later, the partner and officer contacted Appellant and told him that Appellee would negotiate their own lease and Appellant would no longer be able to transfer the lease. Appellant was informed that he would be refunded the difference in rent and Appellee gave him a thirty-day eviction notice. Because of this, Appellant had to renegotiate the contract with the Suhs for a new price of only $15,000.
- 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.