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Contracts Keyed to Kuney
Sherwood v. Walker
Citation:
66 Mich. 568, 33 N.W. 919 (1887).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Defendants were importers and breeders of polled Angus cattle. Plaintiff was a banker that called upon defendants to purchase some of their stock located in Walkerville. The plaintiff found none that suited him. One of the defendants advised plaintiff they had a few head of cattle at their Greenfield farm, but they were probably barren and would not breed. On May 5, 1886, plaintiff went to Greenfield and later decided to purchase a cow known as “Rose 2d of Aberlone.” Defendants agreed to sell the cow for 5.5 cents per pound, live weight, fifty pounds shrinkage. The agreement was confirmed in writing between the parties. On May 21, 1886, plaintiff went to to Greenfield, tendered $80 and demanded the cow. The defendant refused the money or to deliver the cow because they learned the cow was with calf and her value was actually between $750-$1,000.
- 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.
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