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Contracts Keyed to Ayres
T.C. Sherwood v. Hiram Walker
Citation:66 Mich. 568
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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:
Plaintiff went to see a cow at defendant’s farm. After Plaintiff saw the cow, he called defendant to purchase it. The next morning the Defendant called Plaintiff and they agreed upon the price and put it in writing. Plaintiff went to the same farm and presented the order for sale and confirmation letter to an employee at that farm. The employee informed the plaintiff that the defendant had instructed him to not turn over the cow. The Plaintiff gave $80 to the Defendants. The Defendants refused to accept the money or give the Plaintiff the cow. At the time of trial, Defendants introduced evidence showing that at the time of the alleged sale, it was believed by both parties that the cow was barren and would not breed. If the cow was not barren she would cost $750 – $1000 dollars, and after the date the contract was formed, the Defendants found out that the cow was pregnant.
- 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.