SmartBrief
Confirm favorite deletion?
Contracts Keyed to Kuney
Cantrell-Waind & Associates v. Guillaume Motorsports, Inc.
Citation:
62 Ark. App. 66, 968 S.W.2d 72 (1998).Facts
On August 1, 1994, Kenneth and Kay Bower entered into a lease for property owned by the appellee. The lease included an option to purchase the property for $295,000 with appellee paying the appellant a $15,200 brokerage commission if the closing occurred within two years of the execution (before August 1, 1996). On April 23, 1996, the Bowers’ attorney notified appellee’s president, Williams, that the Bowers were exercising their option. Williams, thereafter, approached Mr. Bowers and offered to credit him half of the $15,200 commission if they would delay the closing until after August 1, 1996. On July 19, 1996, the bank advised the Bowers that their loan was approved and they could move forward with the closing. The Bowers attempted to set a July closing date, but were told that Williams was out of the country (he was not). The closing ultimately did not occur until August 14, 1996.
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.