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Torts Keyed to Henderson
Adams v. Gillig
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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:
Catherine Adams (Plaintiff) owned several lots of land in Buffalo. The neighborhood near her lots are exclusively residential. Alexander L. Gillig (Defendant) wanted to purchase part of the vacant lot on Elmwood Avenue. Defendant stated to Plaintiff his intention was to purchase the land for residential purposes. Defendant re-stated this same intention of building dwellings (single or double homes) on the land to Plaintiff’s agents and agent representatives. Plaintiff believed Defendant’s statements were true and relied upon them. Plaintiff executed and delivered the deed to Defendant in exchange for $5,525 in consideration. Defendant’s representations were made falsely and fraudulently and he intended to deceive Plaintiff. His true intentions were to build a public auto garage on the land. Just one day after receiving the deed, Defendant asked his architect to begin the plans for the garage and less than two weeks after that Defendant entered into a contract with defendant contractors Frank C. Kempf and Nicolas Kempf (George Kempf Sons). Plaintiff tried to get her property back from Defendant. He refused. Plaintiff’s additional lots of land would decrease in value if the garage was built. Plaintiff sued Defendant(s). Referee ordered the land be re-conveyed to Plaintiff and the Appellate Division affirmed. Defendants 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.