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Property Keyed to French
Piggly Wiggly Southern, Inc. v. Heard
Citation:261 Ga. 503, 405 S.E.2d 478 (1991)
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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:
In 1963, the defendant, Piggly Wiggly, entered into a lease with the plaintiff, Heard’s, predecessor. Under the agreement, Heard’s predecessor agreed to construct a supermarket for Piggly Wiggly according to the plans Piggly Wiggly provided. In 1964, Piggly Wiggly entered a lease for that space for fifteen years, and was obligated to pay annual rent of $29,053.60 and percentage rent of any sales exceeding $2,000,000. The lease was renewed on the same terms for another seven years in 1979. The lease had options to renew for two additional three-year terms, which Piggly Wiggly excercised. Piggly Wiggly was acquired by a new corporation one month into the second three-year term, and vacated the premises, moving its grocery store to another shopping center. Piggly Wiggly continued to pay rent, but refused to sublet the vacant store, despite interest from other supermarkets in the space. Heard sued.
- 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.