SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Summers
Lenawee County Board of Health v. Messerly
Citation:
417 Mich. 17, 331 N.W.2d 203
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William & Martha Messerly (collectively “the Messerlys”) (defendants) owned a tract of land, atop which was an apartment building. Although they lacked a permit to do so, the Messerlys installed a septic tank on the property in violation of the local health code. The Messerlys used the apartment building as an income investment property until they sold the property to James Barnes. With the Messerlys’ permission, Barnes sold one acre of the property to Carl & Nancy Pickles (collectively “the Pickles”) (plaintiffs). Barnes eventually defaulted on his land contract and conveyed his portion of the property back to the Messerlys. The Messerlys sold the rest of the property to the Pickles. The Pickles’ contract contained a clause that stated: “Purchaser has examined this property and agrees to accept same in its present condition” (hereinafter “as is” clause). One day, the Pickles discovered raw sewage seeping out of the ground. The Lenawee County Board of Health condemned the property. The Pickles sought a rescission of the land contract.
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.
Topic Resources
5m 47sTopic Outline 
Topic Refresher Course 