SmartBrief
Confirm favorite deletion?
Business Assoctiations Keyed to Gabalson, 3rd Ed.
Newberry v. Barth, Inc.
Citation:
252 N.W.2d 711 (1977)Facts
Barth, Inc. was organized under Iowa law with its principal asset being an apartment complex. The corporation’s articles of incorporation placed significant control in the Federal Housing Commissioner (FHA) as the sole preferred stockholder, including requiring prior consent for the transfer or disposal of real property. Florence Barth, who owned 232 of 490 common shares and served as secretary-treasurer, listed the property for sale through the Mack Gable Agency in August 1968, shortly after her husband’s death. On November 7, 1968, she signed a real estate contract selling the apartment complex to Newberry for $210,000. The contract designated Florence Barth as the seller, not the corporation. Newberry believed Florence Barth owned the property, though a recorded deed showed Barth, Inc. as the owner. There was no corporate action approving the sale and no consent from the preferred stockholder.
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.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.