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Contracts Keyed to Summers
Stewart v. Newbury
Citation:220 N.Y. 379, 115 N.E. 984
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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:
Stewart (plaintiff) contracted with Newbury (defendant) to perform excavation work as part of the erection of a concrete mill building. The contract stated that Stewart would be paid per cubic yard, but nothing was said as to the time nor manner of payment. Stewart claimed that he had a telephone call with Newbury, where he told Newbury that he would “expect [his] payments in the usual manner. Newbury, however, denied that this conversation ever occurred. In July, Stewart began the excavation work. In September, Stewart sent Newbury a bill for the work he had completed up to that date. The bill totaled $896.35. Newbury refused to pay the bill. Stewart sued Newbury for breach of 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.