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Contracts Keyed to Barnett
Goldberg 168-05 Corp. v. Levy
Citation:
170 Misc. 292, 9 N.Y.S.2d 304 (N.Y. Sup. Ct. 1938)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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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:
Goldberg was assigned a lease for an annual rent of $13,800 plus 10% of profits from business conducted on the leased premises. The lease contained a condition that the tenant could cancel the lease if the total gross sales for any one calendar year did not meet $101,000. The lease was set to expire September 30, 1938.
Levy took possession of the premises under the lease on October 10, 1929 and permitted Crawford Clothes to provide a retail men’s clothing business on the premises. Levy then allegedly mismanaged funds to force the total gross sales to fall below $101,000 so that he could cancel the lease.
- 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.
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