SmartBrief
Confirm favorite deletion?
Business Planning Keyed to Gevurtz
Rainwater v. Milfeld
Citation:
485 S.W.2d 831 (1972)Facts
M & D Enterprises, Inc. operated the Holiday Inn Motel in Victoria, Texas. Originally, 50% of the corporation stock was owned by the Milfelds and 50% by the Dodsons. The Dodsons sold their 50% to R.S. Rainwater (5%) and his son William I. Rainwater (45%). The corporation’s bylaws required that before selling shares to outsiders, shareholders must first offer them to the corporation and then to other shareholders in proportion to their ownership. In 1970, the Milfelds received an offer from Abe Nosser to purchase their entire 50% stock ownership for $402,500, with Nosser explicitly stating he would not be interested in less than 50%. Following the bylaws, the Milfelds offered their shares to the corporation and other shareholders. The corporation and William Rainwater rejected the offer, while R.S. Rainwater attempted to accept only his proportionate 5% (5,000 shares) for $40,250, explicitly declining to purchase the remaining shares.
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.