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Contracts Keyed to Kuney
Lonergan v. Scolnick
Citation:
129 Cal. App. 2d 179, 276 P.2d 8 (1954).ProfessorMelissa A. Hale
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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.
- 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. Review the Facts of this case here:
In March 1952, defendant placed an advertisement in a Los Angeles newspaper offering 40 acres of land for sale. In response to an inquiry from the plaintiff, the defendant sent a form letter to plaintiff dated March 26 describing the property and stating his rock bottom price was $2,500. On April 7, plaintiff wrote a letter saying he was not certain he had found the correct property, asking for a legal description, and suggesting a certain bank for escrow. On April 8, defendant responded that he believed plaintiff had found the property, provided a legal description, and advising the plaintiff he needed to act because defendant expected to have a buyer within the next week. On April 12, defendant sold the property to a third party. Plaintiff received defendant’s letter on April 14, and on April 15 he responded that he would immediately proceed to open the escrow and deposit $2,500 “in conformity with [defendant’s] offer,” and asking defendant to forward a deed with instructions to the escrow agent. On April 17, plaintiff started an escrow with $100 agreeing to furnish the remaining funds at a later date.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.