Confirm favorite deletion?
Contracts Keyed to Frier
ConAgra, Inc. v. Nierenberg
Facts
Dennis Nierenberg (defendant), a wheat farmer, called Marcus Raba, the manager of a grain elevator operated by ConAgra, Inc. (plaintiff), entered a written “confirmation” contract for the sale of 12,500 bushels and held it at the elevator for Nierenberg to pick up. Nierenberg later sold his wheat to another grain elevator, Nierenberg told Raba that the wheat would be delivered “one of these days.” ConAgra purchased grain from another farmer and sued Nierenberg for the difference between Nierenberg’s price and the price of the replacement grain. Nierenberg asserted an affirmative defense based on the statute of frauds. The district court entered judgment in favor of Nierenberg, finding that he had never admitted that a contract for sale was made with ConAgra and that, because of the rapidly fluctuating price of wheat, the confirmation of the contract was not received within a reasonable amount of time. ConAgra 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.