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Contracts Keyed to Burton
Akers v. J.B. Sedberry, Inc.
Citation:39 Tenn. App. 633, 289 S.W.2d 617 (1955)
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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.
- 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:
The defendant was a Tennessee corporation with its principal place of business in Franklin, TN. Mrs. M.B. Sedberry owned almost all the defendant’s stock and was its president. The defendant was in the business of distributing hammer mills, manufactured under contract by another Texas corporation-owned plant. The plaintiff was employed at the plant by written contract for a term of 5 years, guaranteed by Mrs. Sedberry. Once he began work, friction developed between himself and the plant manager. The corporation that owned the plant feared going under due to financial hardship, and the plaintiff flew to Tennessee to discuss this matter with Mrs. Sedberry. As a show of good faith, the plaintiff offered his resignation, but Mrs. Sedberry declined to accept. The plaintiff flew back to Texas and was informed on October 2, 1950 that his resignation was accepted effective immediately.
- 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.