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Contracts Keyed to Kuney
Petterson v. Pattberg
Citation:248 N.Y. 86, 161 N.E. 428 (1928).
ProfessorMelissa 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:
On April 4, 1924, Pattberg wrote to Petterson offering to release the mortgage against 5301 6th Ave., Brooklyn, N.Y. if the amount was paid in full (less $780) by May 31, 1924 and the regular quarterly payment was made when due on April 25, 1924. On April 25, Petterson paid Pattberg the installment payment due on that date. In late May, Petterson went to Pattberg’s home to pay off the mortgage. Pattberg refused to open the door and informed Petterson that he had sold the mortgage. Prior to this conversation, Petterson had sold the land to a third party provided it was free and clear of Pattberg’s mortgage. Therefore, Petterson had to pay the new mortgage holder the entire amount due on the mortgage in order to complete the sale on the property.
- 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.