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Contracts Keyed to Epstein
Leal v. Holtvogt
Citation:123 Ohio App.3d 51, 702 N.E.2d 1246 (1998)
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- 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.
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- 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. Review the Facts of this case here:
Joseph and Claudia Holtvogt owned and operated Shady Glen Arabians, a horse barn in Miami County, Ohio. They were experienced in Arabian horse training, breeding, selling and showing. The Leals, novices in the equine industry, decided the wanted to start a breeding program by purchasing a stallion to breed with a mare they owned. In January 1994, the Leals and Holtvogts entered into a contract of sale for a one-half interest in Mc Que Jabask, an Arabian stallion, for $16,000. There was expert testimony that Mc Que Jabask had been treated for lameness and was suffering a chronic lameness condition in his right rear and fore fetlocks. Mr. Holtvogt testified that he had taken the stallion for lameness treatments numerous times and that he did not disclose this information to the Leals. When Mc Que Jabask died from stomach ulcer complications in January 17, 1996, the Leals contended that the Holtvogts breached the implied warranty.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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