Confirm favorite deletion?
Property Keyed to Saxer
Barber v. Jacobs
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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:
Barber (Plaintiff) and his family planned to move from Toronto, Canada to Connecticut. Plaintiff and his wife viewed property owned by Robert and Linda Jacobs (Defendants) on April 19, 1994. They offered to purchase the property on May 25, 1994, and requested a wetlands inspection on the property. The parties entered into a purchase contract with a closing date of August 8, 1994. The contract included a mortgage contingency clause, which conditioned the transaction upon Plaintiff’s ability to secure a mortgage on the property. Plaintiff also paid a ten percent deposit in the amount of $327,000, which was held in escrow by Irwin K. Liu, Defendants’ attorney. Plaintiff applied for a mortgage from the Putnam Trust Company of Greenwich (Bank). The bank initially approved the loan but did not give Plaintiff a formal mortgage commitment. Subsequently, Robert Hartch, attorney to both Plaintiff and the bank, reviewed the property’s inland wetlands file and found that the property was in violation of agency regulations. Hartch found that the issue would be a serious obstacle to obtaining a loan, and disclosed this information to both Plaintiff and the bank. The bank reversed its loan approval and issued a denial. Hartch requested that Defendants return Plaintiff’s deposit. Defendants refused. Plaintiff filed an action for interpleader, seeking a determination of the rights to the deposit. The trial court found that Plaintiff made sufficient reasonable efforts to secure a mortgage.
- 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.