SmartBrief
Confirm favorite deletion?
Business Assoctiations Keyed to Gabalson, 3rd Ed.
Gashwiler v. Willis
Citation:
33 Cal. 11 (1867)Facts
The Rawhide Ranch Gold and Silver Mining Company was a corporation organized under California law for mining purposes. On April 29, 1865, a special meeting of all stockholders was held, where they unanimously adopted a resolution authorizing three trustees (Turner, Willis, and Hodges) to sell and convey the company’s mine, mill, buildings, and mining implements to D.W. Barney. On June 5, 1865, these three trustees executed a deed pursuant to this resolution. The deed was signed by the trustees individually with their personal seals, as the corporation had no seal. The plaintiffs sought to introduce this deed as evidence in their case, but the defendants objected on grounds that it was not properly executed as a corporate act. The trial court excluded the deed, and the plaintiffs appealed. The key issue was that the authorization came from a stockholders’ meeting, not from a properly convened Board of Trustees meeting, even though the trustees were present at the stockholders’ meeting.
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.