SmartBrief
Confirm favorite deletion?
Property Law Keyed to Kurtz
Bethurem v. Hammett
Citation:
736 P.2d 1128 (1987)Facts
The Bethurems contracted to purchase a residence from the Hammetts in 1983, making a cash down payment and agreeing to monthly installment payments. The standard Offer, Acceptance & Receipt form included covenants that title would be merchantable, the property complied with applicable laws, and there were no known defects except those readily visible upon inspection. In 1985, surveys revealed that the fence encroached approximately 17 feet into the city street, the garage encroached about 8 feet, and the residence encroached about 4 feet. These encroachments violated the Sheridan City Code. After unsuccessful negotiations, the Bethurems sued for rescission. At trial, the Hammetts claimed they had orally informed the Bethurems about the encroachments, which the Bethurems denied. The trial court ruled for the Hammetts, and the Bethurems appealed.
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
7m 49sTopic Outline 
Topic Refresher Course 