SmartBrief
Confirm favorite deletion?
Conflict of Laws Keyed to Brilmayer
Bernkrant v. Fowler
Citation:
55 Cal. 2d 588, 360 P.2d 906, 12 Cal. Rptr. 266 (1961)Facts
Some time before 1954, Plaintiffs, Louis, Florence, and Alfred Bernkrant (the Bernkrants), purchased the Granrud Garden Apartments in Las Vegas, Nevada from John Granrud. In July 1954, the Bernkrants still owed $24,000.00 on a promissory note payable to Granrud. In a meeting that took place in Nevada, Granrud asked the Bernkrants to pay a substantial portion of the remaining debt. He stated that if the Bernkrants paid the portion of the debt, any remaining debt on the purchase price of the apartment buildings would be canceled and forgiven at the time of his death. The Bernkrants arranged for a new loan of $25,000.00, and executed a new promissory note of $9,227.00 payable to Granrud in installments of $175.00 per month. From this promissory note, the Bernkrants deposited money into Granrud’s bank account in Covina, California, which Granrud then used to buy a trailer park.
John Granrud died as a resident of Los Angeles County, his will was admitted to probate, and Defendant, Dorothy Fowler, was appointed executrix of his estate. Granrud’s will did not mention the cancelation of the remaining balance of due on the promissory note. Under protest, the Bernkrants continued to make regular payments of principal and interest to Fowler.
The Bernkrants brought suit in California state court, requesting that the promissory note be canceled, the property be reconveyed to them, and the amount they paid towards the promissory note after Granrud’s death be recovered. The trial court found that the action was barred by both Nevada and California’s statute of frauds, and the Bernkrants appealed. The appellate court upheld the trial court’s decision, and the Bernkrants appealed to the California Supreme Court.
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.
Topic Resources
Topic Outline 