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Business Associations Keyed to Bainbridge
Essex Universal Corporation v. Yates
Citation:305 F.2d 572 (2d Cir.1962)
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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:
The defendant Herbert J. Yates, a resident of California, was president and chairman of the board of directors of Republic Pictures Corporation. In August 1957, Essex Universal Corporation learned of the possibility of purchasing from Yates an interest in Republic. On August 28, Yates and the president of Essex signed a contract in which Essex agreed to buy Yates’ at least 500,000 and not more than 600,000 shares of Republic stock. The price was set at 8 dollars a share. On September 18, Essex tendered bank drafts and cashier’s checks totaling $1,698,690. Though Cohen was prepared to endorse these to Yates, Yates upon the advice of his lawyer rejected the tender as unsatisfactory. Essex began this action, claiming that at the time of the aborted closing the stock was worth more than $12.75 a share.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.
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