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Contracts Keyed to Summers
Plante v. Jacobs
Citation:10 Wis.2d 567, 103 N.W.2d 296
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*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. Review the Facts of this case here:
Frank and Carol Jacobs (collectively “the Jacobs”) (defendants) entered into a written contract with Plante (plaintiff) to furnish the materials and construct a house in accordance with a stock floor plan for the sum of $26,765. The Jacobs made $20,000 in payments to Plante during the course of the construction. The Jacobs later complained of defective workmanship. Plante failed to furnish kitchen cabinets, gutters and downspouts, the sidewalk, closet clothes poles, and the entrance seat for the house. The Jacobs especially took issue with the misplacement of a wall between the living room and kitchen, which narrowed the living room in excess of one foot. The Jacobs refused to continue payments. Plante did not complete the house and sued to establish a lien to recover the unpaid balance of the contract. The Jacobs argued that Plante could not recover because he did not substantially perform under the contract.
- 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.