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Contracts Keyed to Kuney
Beard Implement Co. v. Krusa
Citation:208 Ill. App. 3d 953, 153 Ill. Dec. 387, 567 N.E.2d 345 (1991)
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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:
Between December 20 and 23, 1985, defendant had several conversations with plaintiff’s representatives about purchasing a new combine. On December 23, 1985, defendant met with plaintiff’s representatives and one of plaintiff’s representatives filled out a purchase order for a new combine for $52,800 and a trade-in of the combine defendant currently owned. Defendant signed the purchase order, however none of plaintiff’s representatives signed the order at any time. The bottom left corner of the form contained a signature line for the “DEALER” and language stating “This order subject to acceptance by dealer.” Defendant also signed and gave plaintiff a counter check for $5,200 as a down payment.
Defendant stated he had misgivings over Christmas, and after speaking with his wife, he phoned plaintiff’s manager on December 26, 1985 expressing his wish not to proceed with the purchase. Earlier that same day, defendant had met with representatives from another tractor dealer and signed an order with them on December 27, 1985 for a new combine. On December 26, 1985, defendant wrote a letter to plaintiff requesting return of the uncashed counter check for $5,200.
- 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.