Confirm favorite deletion?
Property Law Keyed to Cribbet
21 Merchants Row Corp. v. Merchants Row, Inc
Facts
Plaintiff lessee entered into a lease with Defendant’s predecessor in title in 1974, wherein the lease provided that the lessee had no right to assign the lease without the express written consent of the lessor. Then Defendant acquired the premises in 1983, and the Plaintiff and Defendant did not get along very well. In 1987 Plaintiff entered into a purchase agreement for the sale of its business. In April 1988, after litigation, the Defendant consented in writing to an assignment of the lease to the Plaintiff’s buyer. Thereafter, Plaintiff and buyer asked the Defendant to give written consent of an assignment by buyer to buyer’s bank for finance. The bank’s assignment required the bank to have an absolute right of reassignment without the landlord’s consent. The Defendant landlord refused to sign the bank’s assignment form and the Plaintiff sued, alleging that the Defendant unreasonably withheld his consent to the reassignment to the bank. At trial the Plaintiff won; the Defe ndant then appealed.
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.