Confirm favorite deletion?
Contracts Keyed to Summers
Holcomb v. Hoffschneider
Facts
Dean Olson, a salesman for C.B. Property Sales (Defendant), listed property for sale on behalf of Dorothea A. and John Hoffschneider (Defendants). The listing stated that the property consisted of 6.8 acres. James R. and Jacquelyn Holcomb (Plaintiffs) attended an open house for the property, at which time Olson had Plaintiffs walk the property boundaries. Olson showed Plaintiffs the listing and guaranteed that the property contained at least 6.6 acres. Plaintiffs purchased the property for $54,000. Plaintiffs thereafter learned the property actually consisted of 4.6 acres and brought a tort action for fraudulent misrepresentation against the defendants. The jury found in favor of Plaintiffs. The defendants argued that Plaintiffs did not rely on Olson’s representations because they were aware of the actual boundaries of the property.
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.