Confirm favorite deletion?
Property Law Keyed to Cribbet
Skendzel v. Marshall
Facts
Plaintiffs, as assignees of vendor Burkowski, brought an action to obtain possession of real estate through enforcement of a forfeiture clause in a land sale contract. Burkowski entered into a land sale contract with Defendants in 1958 under which the Defendants were to pay a total purchase price of $36,000.00 in yearly $2,500.00 payments, without interest, and that in case of default, if such default should continue for 30 days, then all monies paid would be forfeited and taken by vendor as liquidated damages. Burkowski died and Plaintiffs received their assignment of interest on June 27, 1968, and one year after the assignment filed suit to forfeit and gain possession of the property under the land sale contract. The Defendants had been months late with several payments and Burkowski always accepted such payments. Defendants made the last payment on February 15, 1965. The total amount of payments made was $21,000.00.
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.
- 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.