SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Alfred Marks Realty Co. v. Hotel Hermitage Co.
Citation:
170 A.D. 484. (2d Dep't 1915)Facts
In January 1914, the Hotel Hermitage Company contracted with the International Yacht Publishing Company (later assigned to Alfred Marks Realty Co.) to place an advertisement in a “Souvenir and Program of International Yacht Races.” Payment was due “upon publication and delivery of one copy” of the program. By August 1914, approximately 2,500 copies had been printed and sold at twenty-five cents each, with the defendant’s advertisement included. However, around August 15-17, the yacht club committee canceled the races due to the outbreak of World War I. Despite the cancellation, the publisher sent a sample copy to the defendant on August 25, acknowledging the postponement but claiming the book remained “a good seller and a good advertisement.” The defendant refused to pay, contending that the cancellation of the races frustrated the purpose of the advertisement.
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.