SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Kenco Homes Inc. v. Williams
Citation:
972 P.2d 125 (1999)Facts
On September 27, 1994, Kenco Homes, Inc. and Dale E. Williams signed a written contract for the sale of a mobile home for $39,400 with a $500 down payment. The contract was subject to Williams obtaining financing and approving a bid for site improvements. In early October, Williams accepted Kenco’s bid for site improvements and received preliminary financing approval. On or about October 12, Williams gave Kenco a $600 check for a land appraisal but then stopped payment and repudiated the entire transaction because he had found a better deal elsewhere. At the time of repudiation, Kenco had not yet ordered the mobile home from the factory and, acting reasonably, simply did not place the order after Williams’ breach. Kenco’s only out-of-pocket expense was minor office overhead. The trial court found that Williams breached the contract and that Kenco lost profits of $11,133 but ruled that Kenco would be adequately compensated by retaining the $500 down payment.
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.