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Contracts Keyed to Summers
Hoffman v. Red Owl Stores
Citation:26 Wis. 2d 683, 133 N.W.2d 267
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Joseph Hoffman and his wife (collectively “the Hoffmans”) (plaintiffs) owned and operated a bakery. Red Owl Stores, Inc. (“Red Owl”) (co-defendant) owned and operated grocery stores and also extended franchises to agency grocery stores. Hoffman was interested in establishing a Red Owl franchise store. Lukowitz (co-defendant), an agent of Red Owl, acted as Red Owl’s representative in negotiating a deal with the Hoffmans. Hoffman had $18,000 in capital to invest and was repeatedly assured that the money was sufficient to set up a Red Owl store. In order to first gain experience, Hoffman—who was advised to do so by Lukowtiz—bought a small grocery store prior to operating a Red Owl store. After three months of operating the small grocery store, Lukowtiz found that the store was operating at a profit and encouraged Hoffman to sell the business because Red Owl would find a larger store for him to operate elsewhere. Hoffman, although reluctant to sell the small grocery store, did so based on Lukowtiz’s assurances. The Hoffmans also sold their bakery and put a down payment for a lot for the Red Owl Store again based on Lukowtiz’s assurances. In addition, the Hoffmans relocated to the area where the new Red Owl store would be built. Red Owl later informed Hoffman that he needed to invest $34,000 in order to own and operate a Red Owl store. Negotiations between the Hoffmans and Red Owl broke off. The Hoffmans sued Red Owl for damages.
- 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.