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Contracts Keyed to Summers
H.J. McGrath Co. v. Wisner
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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:
On March 7, 1944, G. Herbert Wisner (Plaintiff) agreed to sell to H.J. McGrath Co. (Defendant) his entire tomato crop grown during the season of 1944 at $28 per ton. Clause 12 of the agreement provided that, if Plaintiff failed to deliver the entirety of his tomato crop, he would be required to pay $300 in liquidated damages. Plaintiff did not deliver his entire crop of tomatoes as required. In response, Defendant deducted $300 from its payment to Plaintiff. Plaintiff sued in the Circuit Court for Baltimore County, seeking the balance of $300. Defendant made a special plea of set-off. Plaintiff filed a demurrer to the special plea, which was sustained. The case was then removed to the Superior Court for Baltimore City, and a judgment was entered for Plaintiff in the amount of $300. Defendant appealed, arguing that its plea of set-off was proper because Clause 12 of the agreement provided for liquidated damages and did not constitute a penalty.
- 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.