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Contracts Keyed to Kuney
Appeal of Edwin J. Schoettle Co.
Citation:390 Pa. 365, 134 A.2d 908 (1957).
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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.
- 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:
In June 1954, Edwin J. Schoettle Co. and six of its subsidiary companies were put up for sale. Kardon expressed interest in purchasing the Company and five of its subsidiaries. The parties negotiated from June 24, 1954 to September 17, 1954. On September 17th, the parties entered into a written contract whereby Kardon purchased the companies for $2,100,000. Of the purchase price, $187,863.60 was set aside in escrow with Provident Trust Company to indemnify Buyer against any of Seller’s liabilities. The contract also included various warranties and conditions. In particular, paragraph 9(a) read: “As of the time of closing the financial condition of the Compan(ies) shall be no less favorable than the financial condition shown on the statements . . . dated June 30, 1954 . . .”
Some time after closing, Buyer presented a claim on the escrow for $69,998.42 alleging that the financial condition of the company was less favorable than originally presented and that he was entitled to the deficiency. Buyer was ultimately awarded only $3,182.88 for a tax error made by Seller.
- 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.