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Contracts Keyed to Burton
Delacy Investments, Inc. v. Thurman
Citation:
693 N.W.2d 479, 56 UCC Rep. Serv. 2d 84Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- 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.
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- Brief Facts: A Synopsis of the Facts of the case.
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- 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.
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