SmartBrief
0
Confirm favorite deletion?
Business Organizations Keyed to Ragazzo
Kay v. Gitomer
Citation:
251 A.2d 853Facts
Plaintiff, Kay and his brother-in-law Eckles started a plumbing business partnership by pooling money together to buy five plots of land. The fifth plot of land had not been used and was being rented out as parking. Once financial losses set in, Kay and Eckles told a realtor that they were looking to sell for the right price. Eckles went out of town one week when Defendant, Gitomer offered to meet the terms that was presented to him before Eckles went out of town. When Gitomer offered to buy, Kay agreed on both he and Eckles’ behalf. When Kay and Eckles wife’s did not sign the deed to convey, Defendant sued for specific performance and the lower court entered judgement for Defendant and ordered specific performance. Plaintiffs appealed.
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.