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Property Keyed to Saxer
Hawkinson v. Johnston
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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:
Axel Hawkinson (Plaintiff), a resident of New York, owned a two-thirds interest in a ninety-nine-year lease involving a vacant lot located in Kansas City, Missouri. George Johnston, and his brother (Defendants), owned the remaining one-third interest in the lot. Defendants paid rent and taxes on the property until June 30, 1940. Approximately fifteen days earlier, Defendants wrote to Plaintiff and informed him of their intention to surrender and abandon their interest in the premises on the last day of the month. Plaintiff replied to the brothers and rejected their claim to abandon the premises and, instead, informed them that he planned to hold each accountable for the entire lease term. Five days before they surrendered the premises, the Johnston brothers again informed Plaintiff of their plan to abandon the lease agreement. Thereafter, Plaintiff sued Defendants for breach of the lease agreement and for monetary damages. The trial court held that Defendants’ repudiation constituted a total breach of the lease agreement and affixed damages for a period of ten years, despite there being sixty-seven years left in the lease. Defendants appealed the trial court’s decision. Plaintiff appealed the trial court’s refusal to assess damages beyond the ten-year period.
- 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.