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Contracts Keyed to Summers
Tongish v. Thomas
Citation:251 Kan. 728, 840 P.2d 471
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- 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:
Denis Tongish (defendant) agreed to grow sunflower seeds for Decatur Coop Association (“Coop”) (plaintiff). Coop had a contract to resell the seeds to another company, Bambino Bean & Seed (“Bambino”), of which Tongish was aware. Coop’s only anticipated profit from its contract with Bambino was with a handling fee. Tongish later grew dissatisfied with Coop’s practice of commingling his seeds (with were of a higher quality) with seeds from other farmers. Citing a short crop and bad weather, Tongish notified Coop that he would not deliver any more sunflower seeds. A few months later, Tongish sold and delivered 82,820 pounds of sunflower seeds to Danny Thomas. Tongish was to receive $5,153.13 more under his contract with Thomas compared to his contract with Coop. Thomas only paid for half of the seeds and Tongish sued to recover the balance. Meanwhile, Coop sued Tonguish 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.