Confirm favorite deletion?
Contracts Keyed to Knapp
Truman L. Flatt & Sons Co. v. Schupf
Facts
The Plaintiff, Truman L. Flatt & Sons Co. (Plaintiff), entered into a land contract with the Defendant, Lee Schupf (Defendant), to purchase a parcel of land at a price of $160,000. The contract provided that it was contingent upon the buyer obtaining permission from the City Counsel to construct and operate an asphalt plant. The Plaintiff sent a letter to the Defendant stating that it was withdrawing its zoning request because it seemed clear that the City Counsel would not approve it. In the letter, the Plaintiff asked the Defendant if he would be willing to sell the property for a reduced amount, since the Plaintiff believed the property was worth less as it was currently zoned. The Defendant rejected this offer. The Plaintiff responded that it planned to proceed with the purchase in accordance with the original terms of the contract. The Defendant contended that the Plaintiff’s failure to waive the zoning requirement and to elect to proceed under the contract when the rezon ing was denied, along with the Plaintiff’s modified offer, voided the contract. The Plaintiff filed suit seeking specific performance. The Defendant moved for summary judgment, which was granted on the ground that the Plaintiff effectively repudiated the contract.
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.