SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Fox v. Webb
Citation:
105 So. 2d 75 (1958)Facts
On September 20, 1955, John D. Fox, Jr. (contractor) and Julius Clarence Webb (purchaser) entered into a building contract for the construction of a house in Daphne, Alabama, on a lot jointly owned by Webb and his wife. The contract price was $8,750, of which Webb had paid $6,171.50. As construction progressed, Webb became dissatisfied with the quality of Fox’s work and his failure to conform to plans and specifications. The trial court found numerous defects, including using quarter-inch plywood instead of specified C Pine ceiling finish on the porch and carport, using sheetrock instead of panel pine for hall walls, using improper materials for kitchen countertops, improperly installing tile, and creating structural issues such as a sagging roof and walls that were not plumb. Fox terminated his work in May 1956 and subsequently filed a lien claim and lawsuit for the unpaid balance. Webb countered with a cross-bill seeking damages to complete the house according to specifications.
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.