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Contracts Keyed to Burton
Plotnick v. Pennsylvania Smelting & Refining Co.
Citation:194 F.2d 859
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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:
Pennsylvania Smelting & Refining Company (hereinafter “Pennsylvania”) (defendant-buyer) entered into a series of agreements, several being installment contracts, for the purchase of battery lead from Plotnick (plaintiff-seller). The parties agreed on a price of 8.1 cents per pound of lead, or better if the quality warranted. Both parties agreed that at least 63 percent of the price should be paid shortly after the delivery of each shipment and the balance within four weeks after that delivery. The first two shipments were delivered successfully and the contract price paid shortly thereafter. Plotnick was supposed to deliver 290,000 pounds of lead in the third shipment, but only delivered 43,000 pounds. Plotnick refused to deliver the remainder of the third shipment unless Pennsylvania paid for the entirety of the third shipment. Pennsylvania threatened to sue Plotnick unless the remainder of the third shipment was promptly delivered. Plotnick never delivered the rest of the lead and the market price of battery lead eventually increased from 8.1 cents to 11 ½ cents per pound. Plotnick sued Pennsylvania to recover the money owed 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.