Property Law Keyed to Cribbet
Gerruth Realty Co. v. Pire
Defendants signed an agreement offering to purchase property from Plaintiff. The agreement included a clause which made the purchase offer contingent upon the Defendant obtaining the proper amount of financing, without providing a precise dollar figure as the amount. Defendants attempted to borrow $75,000 from the bank but were denied because they would exceed their $100,000 borrowing limit due to having obtained other loans. Plaintiff then offered to finance $45,000, but that offer was refused by Defendants, a move with which Plaintiff took issue. Accordingly, Plaintiffs sued for performance and the trial court dismissed the complaint in favor of Defendants, finding that the “subject to financing” clause was a condition precedent to Defendants’ performance. Plaintiff appealed and the Supreme Court of Wisconsin affirmed.
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.
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.