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Property Keyed to Saxer
David Properties, Inc. v. Selk
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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 January 18, 1957, Selk (Plaintiff) sold 320 acres of land to David Properties, Inc. (Defendant) for $50,000. Defendant paid $5,000 in cash and executed a purchase-money mortgage, under which Defendant would pay the remaining $45,000 in five installments of $9,000. While Defendant made payments on the property, Plaintiff continued to live in a small dwelling located on the 320 acres. On October 20, 1959, Defendant and Plaintiff signed a written lease allowing Plaintiff to remain on the property until December 31, 1959, in consideration for $1. Plaintiff did not vacate the dwelling by December 31, 1959. He stayed on the premises until November 27, 1961, nearly twenty-three months after the lease required him to vacate. On February 17, 1960, Defendant sent a letter to Plaintiff instructing him to vacate the property and demanding that Plaintiff pay $300 per month for use of the property after December 31, 1959. Defendant wrote Plaintiff again on February 16, 1961, instructing Plaintiff to leave and including an invoice for unpaid rent at $300 per month. Plaintiff received both letters but did not respond. On February 14, 1962, Defendant’s last $9,000 installment to Plaintiff was about one month overdue. Plaintiff wrote to Defendant demanding the $9,000 plus interest. Defendant responded, acknowledging that it owed Plaintiff $9,000 plus $405 in interest, but arguing that it was entitled to subtract $6,600 in Plaintiff’s unpaid rental fees at $300 per month for twenty-two months. Plaintiff sued to foreclose on the property. Defendant counter-claimed, demanding the unpaid rental fees. After the final hearing, the chancellor found that Plaintiff was an old man who lived in what amounted to a shack, and that his use of the property did not injure Defendant. The chancellor then dismissed Defendant’s counter-claim.
- 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.