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Contracts Keyed to Burton
Delacy Investments, Inc. v. Thurman
Citation:693 N.W.2d 479, 56 UCC Rep. Serv. 2d 84
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- 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. Review the Facts of this case here:
Steven Thurman entered into a master repurchase and security agreement with Delacy Investments, Inc. (“Delacy”) (plaintiff). The agreement granted Delacy a security interest in all of Thurman’s rights, titles, and interests in his current and future accounts receivable. Thurman later entered into an independent-contractor agreement with Re/Max Real Estate Guide, Inc. (“Re/Max”) (defendant) In doing so, Delacy became the assignee, Thurman the assignor, and Re/Max the account debtor. A few months later, Re/Max terminated Thurman as a real estate agent. At the time of his termination, Thurman had accumulated $11,126.38 in overhead debts owed to Re/Max. Thurman was supposed to receive a $10,000 commission on a property, but the debts he owed to Re/Max exceeded the amount of his commission. As a result, Re/Max claimed a right of setoff and refused to pay assigned receivable. Delacy sued Re/Max to recover payment for Thurman’s commission.
- 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.