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Contracts Keyed to Farnsworth
Delacy Investments, Inc. v. Thurman & Re/Max Real Estate Guide, Inc.
Citation:
693 N.W.2d 479Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
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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 (co-defendant), a real estate agent, entered into a master repurchase and security agreement with Delacy Investments (“Delacy”) (plaintiff). Per this agreement, Delacy had a security interest in all of Thurman’s current and future receivables. Thurman later entered into an independent-contract agreement with Re/Max Real Estate Guide, Inc. (“Re/Max”) (co-defendant). Under his employment relationship with Re/Max, Thurman would pay overhead expenses in exchange for commissions (as long as the commissions did not exceed the overhead). Delacy later agreed to purchase a $10,000 receivable relating to Thurman’s sale of a property located on Keller Lake. Thurman’s overhead of $11,126.38 exceeded the $10,000 receivable and Re/Max refused to pay the assigned receivable. Delacy filed a complaint in district court to recover the $10,000. The district court found that Thurman was not entitled to the receivable and that Delacy could not obtain a greater right than Thurman to that receivable. Delacy appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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