Confirm favorite deletion?
Contracts Keyed to Calamari
Cantrell-Wiand & Associates, Inc. v. Guillaume Motorsports, Inc.
Facts
The Appellee in this matter was Guillaume Motorsports, Inc. (the "Appellee"). On August 1, 1994, the Appellee represented by its president and sole stock-holder Todd Williams ("Mr. Williams") agreed to lease real property to Kenneth and Kay Bower. The lease included an option to buy the property and provided for the Appellant, Cantrell-Wiand & Associates, Inc. (the "Appellant") to receive a commission. The relevant provisions read: "In the event of the exercise of this option within the first twenty-four (24) month period, ten per cent (10%) of the monthly rental payments shall apply to the purchase price. Thereafter, this credit shall reduce two per cent (2%) per year until the expiration of the original lease term hereof, to the effect that the credit will be eight per cent (8%) during the third year, six per cent (6%) during the fourth year, and four per cent (4%) during the fifth year. The sales price shall be $295,000.00. GUILLAUME MOTORSPORTS, INC., agrees [to] pay CANTREL-WAIND & ASSOCIATES, INC., a real estate commission of $15,200.00 upon closing of sale of the property under this Option to Purchase, provided the closing occurs within two (2) years from the date of execution of the Lease with Option to Purchase." Mr. Williams was informed in writing on April 23, 1996 that Kenneth and Kay Bower wished to exercise the option to purchase the property. The Appellee's attorney also received this letter. The closing occurred on August 14, 1996, and the commission was not paid. The Appellant filed a breach of contact suit against the Appellee on August 12, 1996. The Appellee filed a summary judgment motion and argued it was under no affirmative obligation to close prior to August 1, 1996. The trial judge held, "appellee had no obligation to appellant to arrange for a closing date that would have entitled appellant to a commission and said that the real estate commission was 'clearly avoidable' by appellee."
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.