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Contracts Keyed to Frier
Sun Printing & Publishing Association v. Remington Paper & Power Co.
Citation:235 N.Y. 338, 139 N.E. 470 (1923)
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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:
The parties entered into a 16-month contract in which the plaintiff agreed to buy from the defendant 1,000 tons of paper per month at a specific price for the first four months. At the conclusion of the four months, the price of the paper and the length of time that price was to apply was to be agreed upon by the parties for the remaining 12 months on the contract. The new price was not to be higher than the price charged by Canadian Export Paper, a third party paper company. Both parties performed their parts of the contract during the first four months, however, no new price or time period for the new price was ever agreed upon. As a result, the defendant did not deliver any more paper. Plaintiff sued Defendant, alleging that Canadian Export Paper’s price automatically applied if no agreement was reached. Plaintiff moved for a judgment on the pleadings in a breach of contract action. The motion was denied but reversed on appeal. Defendant then appealed.
- 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.