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Contracts Keyed to Burton
Petterson v. Pattberg
Citation:
248 N.Y. 86, 161 N.E. 428ProfessorMelissa A. Hale
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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:
John Petterson was the owner of a parcel of land in Brooklyn, New York. Pattberg (defendant) owned a bond, which was secured by a third mortgage on Petterson’s land. In April 1924, Pattberg wrote Petterson a letter. In that letter, Pattberg offered Petterson a $780 reprieve if Petterson paid the mortgage on or before May 31, 1924. In May 1924, Petterson arrived at Pattberg’s home, ready to pay off the mortgage. Petterson presented the requisite amount of cash to pay the remaining balance on the mortgage. Pattberg informed Petterson that he had already sold the mortgage and the bond to a third party. Petterson’s executrix (plaintiff) sued Pattberg to recover the $780 loss Petterson incurred.
- 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.
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