SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Marshall
Groves v. John Wunder Co.
Citation:
205 Minn. 163 (1939)Facts
Under the contract defendant got the Groves screening plant. The transfer thereof and the right to remove the sand and gravel made the consideration moving from Groves to defendant, except that defendant incidentally got rid of Groves as a competitor. On defendant’s part it paid Groves $105,000. So that from the outset, on Groves’ part the contract was executed except for defendant’s right to continue using the property for the stated term. Defendant breached the contract deliberately. It removed from the premises only the richest and best of the gravel and wholly failed, according to the findings, to perform and comply with the terms, conditions, and provisions of said lease with respect to the condition in which the surface of the demised premises was required to be left. Defendant surrendered the premises, not substantially at the grade required by the contract nor at any uniform grade. Instead, the ground was broken, rugged, and uneven. Plaintiff sues as assignee and successor in right of Groves.
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.
Case Quiz
Results
Topic Resources
™ CaseCast
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
5m 51sTopic Outline 
Topic Refresher Course 