SmartBrief
Confirm favorite deletion?
Business Planning Keyed to Gevurtz
Earthman’s Inc. v. Earthman
Citation:
526 S.W.2d 192 (1975)Facts
In a 1971 divorce decree, Dorothy Earthman was awarded 65% of the stock owned by the parties, specifically 1,300 shares of Earthman’s, Inc., 10,833 shares of Resthaven Memorial Gardens, Inc., and 325 shares of Mission Life Insurance Company. These shares represented minority interests in closely-held family corporations controlled by her ex-husband’s family. When she attempted to have the shares transferred to her name, the corporations raised various objections. Earthman’s, Inc. claimed it had an option to purchase her shares under its articles of incorporation; Mission claimed compliance with insurance regulations was required; and Resthaven required a lost instrument bond. After the stock certificates were released from the court registry for transfer, the corporations continued to resist transfer. In April 1972, the corporations’ attorney sent a letter effectively refusing to transfer the Earthman’s, Inc. stock and placing conditions on transfer of the other stocks. Dorothy Earthman testified that her ex-husband told her the family had decided her stock was worth $200,000, and if she didn’t accept that offer, they would never pay dividends and would trump up false charges against her.
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.