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Property Law Keyed to Cribbet
Tristam’s Landing, Inc. v. Wait
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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:
Plaintiffs are real estate brokers doing business in Nantucket, Massachusetts. The Defendant owned real estate, which she desired to sell. The Plaintiffs discovered Defendant’s desire to sell and telephoned Defendant asking for authority to show the property. The Defendant orally gave permission to Plaintiffs to show the property, but not exclusively. The price for the property was $110,000.00. The Defendant knew that the customary commission on the island of Nantucket was 5% of the purchase price. Plaintiffs found a prospective buyer, who executed a written offer to purchase for $100,000, which was conveyed to Defendant. The Defendant’s husband wrote to Plaintiffs that a counter-offer of $105,000.00 should be made with a proposed closing date of October 1, 1973. The prospective buyer orally agreed, and a purchase and sale agreement was drawn up by Plaintiffs. The agreement was executed by the prospective buyer and was returned with a check for $10,500.00, which was a ten perc ent down payment. The agreement was presented by Plaintiffs to Defendant who signed the agreement after discussing it with counsel and accepted the down payment. The Defendant appeared at the closing, but the prospective buyer did not and thereafter refused to go through with the purchase. Defendant has not taken any action to enforce the agreement or recover damages, although Defendant has retained the down payment. Plaintiffs then presented Defendant with a bill for $5,250.00, which was 5% of the purchase price. Defendant refused to pay, stating that the failure of the deal means that no commission had been earned. The lower court found for the Plaintiff and Defendant appealed.
- 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.