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Contracts Keyed to Burton
Godburn v. Meserve
Citation:130 Conn. 723, 37 A.2d 235
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*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. Review the Facts of this case here:
Godburn (plaintiff) lived next door to Carrie Wells, a 76-year-old woman who he had known for 20 years. Godburn and Wells entered into an express written agreement that provided that, for the remainder of Wells’ life, she and Godburn were to live together. In exchange for paying ten dollars per month in rent, Godburn was to care for Wells for any ailments or sickness and provide basic care services (i.e., cooking, cleaning). The agreement also provided that Wells would leave her property to Godburn’s family at her death. The relationship between Godburn and Wells eventually deteriorated. Wells complained of the food that Godburn cooked, complained when her meals were not served on time, objected to being left alone in the house at night, and prevented Godburn from leaving on vacation. As a result of the friction between the two, Godburn moved out and Wells revoked her will. Godburn sued Meserve (defendant), the executor of Wells’ estate, arguing that the agreement he had with Wells should be enforced.
- 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.