Torts Keyed to Epstein
Vulcan Metals Co. v. Simmons Manufacturing Co
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- 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.
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- 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.
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- 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:
Simmons (Defendant) sold to Vulcan (Plaintiff) all of its patents, tools, dies and equipment for the manufacturing of vacuum cleaners. During the course of the negotiations for the sale, Defendant made two sorts of representations to Plaintiff. The first group of representations included commendations of the cleanliness, economy and efficiency of the vacuum. The second class of representatives was that Defendant had not sold the vacuum, or made any attempt to sell it; that they had not shown it to any one; that it had never been on the market, and that no one outside the company officials and the men in the factory knew anything about it. Plaintiff’s action for deceit alleged that the purchase was made on the strength of these representations, but that the vacuum was totally ineffective and unmarketable. There was evidence that Defendant’s agents had made several efforts to sell the machines, which had proven unsuccessful because the machines could not create the vacuum necess ary for their operation.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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