Confirm favorite deletion?
Contracts Keyed to Calamari
Horton v. O’Rourke
Citation:District Court of Appeal of Florida, Second District, 1975. 312 So.2d 612.
Defendant owned several homes, and he entered into contract to sell them to the plaintiff. The contract stipulated that the closing of the sale was conditioned on the removal of certain title defects that encumbered the property. Prior to the closing, the plaintiff took possession of the property on a rental basis, during which tenancy they made improvements to the property. The defendant, despite good faith efforts, was unable to remove the title defects, and offered a continuation of the rental agreement. The plaintiff refused, and brought suit for specific performance.
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.