Contracts Keyed to Scott
Wagner Excello Foods, Inc. v. Fearn International, Inc.
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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:
Wagner Excello Foods, Inc. (Plaintiff) entered into an agreement with Fearn International, Inc. (Defendant) to manufacture fruit drink concentrates over a period of five years. The agreement included minimum quantities of the concentrate that Defendant was required to purchase each year. The agreement also included an exclusivity clause, an indemnity clause, and an insurance clause, among other things. However, the agreement did not establish a price for the concentrate. The agreement stated that the parties would review the price every four months, at which time Plaintiff could change the price, but only if Defendant agreed to the change. The agreement provided that if the parties could not agree on a price, the agreement would terminate 30 days after the end of that particular four month period. Plaintiff sued for breach of contract. Defendant filed a motion to dismiss, arguing that there was no contract and that the agreement was merely an agreement to agree because it did not include a price. The trial court granted the motion. Plaintiff 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.