SmartBrief
Confirm favorite deletion?
Contracts Keyed to Frier
Kunian v. Development Corp. of America
Citation:
165 Conn. 300, 334 A.2d 427 (1973)Facts
Plaintiff Merowitz contracted to provide materials to Defendant in a series of deliveries. Under the purchase order, Defendant was to pay invoices from the first half of a month by the 25th and invoices from the second half of a month by the 10th of the following month. The purchase order provided for a 2 percent discount if the invoices were paid on time. Defendant failed to pay for several deliveries. Plaintiff Merowitz demanded payment. Defendant promised it would pay. When Defendant failed to pay for previous or subsequent deliveries, Plaintiff Merowitz demanded that Defendant place funds in escrow before Plaintiff Merowitz would complete additional deliveries, but Defendant refused. Plaintiff Merowitz sued Defendant for breach of contract, seeking payment for past installments. Plaintiff Merowitz filed for bankruptcy, and Plaintiff Kunian was substituted as plaintiff. The superior court entered judgment in favor of Plaintiff Kunian, finding Defendant had breached the contract. Defendant 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.