SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Bomberger v. McKelvey
Citation:
35 Cal. 2d 607 (1950)Facts
In early 1946, defendants purchased 12 lots in Modesto from plaintiffs for $60,000 to construct a chain grocery store and parking facilities. The property included a building occupied by the Hills under a lease. Defendants agreed to pay plaintiffs $3,500 for demolishing and removing the building, and plaintiffs informed defendants they intended to use salvaged materials for constructing a new building for the Hills elsewhere. Plaintiffs specifically designed the new building to incorporate glass and skylights from the old building, which were scarce materials at the time. When defendants later notified plaintiffs not to proceed with demolition, plaintiffs continued anyway because they needed the materials to complete the Hills’ new building. After plaintiffs demolished the building, defendants refused to pay the agreed $3,500 and also refused to pay the Hills the promised $2,500 for surrendering their lease.
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.