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Contracts Keyed to Kuney
Mineral Park Land Co. v. Howard
Citation:172 Cal. 289, 156 P. 458 (1916).
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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:
Plaintiff owned property in Arroyo Seco in South Pasadena, California. Defendants were constructing a concrete bridge in Arroyo Seco and needed earth and gravel to use as fill and for the concrete. In August 1911, plaintiff granted defendants the right to take all earth and gravel necessary for the project from his property. The contract estimated that 114,000 cubic yards of earth and gravel were needed. Defendants were to pay plaintiff 5 cents per cubic yard for the first 80,000 yards, the next 10,000 yards free of charge, and any amount thereafter at a rate of 5 cents per yard.
Ultimately, defendants took 50,131 cubic yards from plaintiff’s property and 50,869 cubic yards from elsewhere (101,000 cubic yards total). The trial court found that plaintiff’s property contained greater than 101,000 cubic yards of earth and gravel, however, not all of it was above water level. Any amount greater than the 50,131 cubic yards would have needed to be removed by a steam dredger and then dried prior to use on the project.
- 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.