SmartBrief
Confirm favorite deletion?
Commercial Law Keyed to Whaley
Sullivan v. United Dealers Corp.
Citation:
486 S.W.2d 699 (1972)Facts
On March 26, 1963, the Sullivans contracted with Memory Swift Homes, Inc. (“Memory Swift”), to purchase the construction of a prefabricated dwelling house. On April 9, 1963, the Sullivans executed and delivered to Memory Swift the promissory note, secured by a mortgage on the real property and the improvement to be located thereon. On that same day, Memory Swift negotiated the note and assigned the mortgage to United Dealers. The Sullivans delivered written statements asserting that all work on the property had been done in a workmanlike manner. On June 25, 1963, United Dealers negotiated the note to a bank which took the instrument with right of recourse. On April 25, 1966, after the Sullivans had defaulted on payments, the bank transferred the note back to United Dealers, for value, without recourse. United Dealers then sued the Sullivans to collect on the unpaid amount due on the note. The Sullivans argued that because United Dealers knew at the time the note was executed that Memory Swift had not begun any work on the house, that they had notice there might be a defense to the note because of faulty construction and thus United Dealers was not a holder in due course.
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.
Topic Resources
11m 23sTopic Outline 
Topic Refresher Course 