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Mitchill v. Lath
Citation:Court of Appeals of New York, 1928. 247 N.Y. 377, 160 N.E. 646, 68 A.L.R. 239.
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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.
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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:
Catherine C. Mitchill (Plaintiff) entered into a contract with Charles Lath (Defendant) to purchase his farm for $8,400. Under the contract, defendant was obligated to remove an icehouse on the property. The defendant agreed to do so via an oral agreement, in addition to the signed contract between the parties. After plaintiff took possession of the property, defendant refused to remove the icehouse.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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