Confirm favorite deletion?
Contracts Keyed to Farnsworth
Mineral Park Land Co. v. Howard
Citation:172 Cal. 289, 156 P. 458
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. Review the Facts of this case here:
Howard (defendant) contracted with Mineral Park Land Co. (“Mineral Park”) (plaintiff) to construct a concrete bridge across a ravine known as the Arroyo Seco. The work required to fill and cement the proposed bridge. This construction required Howard to remove an estimated 114,000 cubic yards of dirt and gravel from the land. Howard removed only 50,131 cubic yards of dirt and gravel. Mineral Park sued Howard for the latter’s failure to remove the entire 114,000 cubic yards. Howard maintained that only 50,131 cubic yards were available to remove above the water level. Removing any more dirt and gravel, Howard maintained, would be so cost prohibitive as to make it impracticable.
- 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.