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Meinhard v. Salmon
Citation:164 N.E. 545 (1928)
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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.
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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:
On April, 1902, Louisa Gerry leased to the defendant Walter J. Salmon the premises known as the Hotel Bristol. The lease was for a term of 20 years. The lessee undertook to change the hotel building for use as shops and offices at a cost of $200,000. Salmon, while in course of treaty with the lessor as to the execution of the lease, was in course of treaty with Meinhard, the plaintiff, for the necessary funds. The result was a joint venture. Meinhard was to pay to Salmon half of the money requisite to reconstruct. Salmon was to pay 40 percent of the net profits to Meinhard. When the lease was near its end, Gerry had become the owner of the reversion. The lease between Gerry and the Midpoint Realty Company was signed and delivered. Salmon had not told Meinhard anything about it. When Meinhard learned of it, he demanded that the lease be held in trust as an asset of the venture. Salmon refused.
- 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.
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- Court Direction: Shares where the Court went from here for this case.