SmartBrief
Confirm favorite deletion?
Contracts Keyed to Burton
Sun Printing & Publishing Ass’n v. Remington Paper & Power Co.
Citation:
235 N.Y. 338, 139 N.E. 470 (1923)Facts
The plaintiff agreed to buy 1,000 tons of paper per month from September 1919 through December 1920—16,000 tons in all. All terms, such as size and quality, were adequately described in the agreement, and payment was to be made the 20th of each month for all paper shipped the previous month. Between September and December of 1919, shipments were made and paid for as required by the contract. The time came for the parties to renegotiate price and duration of the agreement, and the defendant had already given notice of a desire to change some of the terms. In response, the plaintiff demanded that the price be set by an established standard, created by the Canadian Export Paper Company. Ultimately, the parties left two terms unsettled in mid-December 1919—the price to be paid and the length of time that price should govern.
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.