SmartBrief
0
Confirm favorite deletion?
Contracts Keyed to Summers
Walker & Co. v. Harrison
Citation:
347 Mich. 630, 81 N.W.2d 352Facts
Walker & Company (“Walker”) (plaintiff) entered into a written contract with Herbert Harrison (defendant) to construct and install a neon sign for Harrison’s dry-cleaning business. In the same contract, Harrison agreed to lease the sign from Walker for 36 months for $148.50 per month, while Walker agreed to maintain and service the sign. In July 1953, Walker completed and installed the sign. In August 1953, Harrison made the first (and what ended up being the last) monthly payment for the sign. Shortly after the sign was installed, someone hit it with a tomato. Harrison then discovered that there was rust on the sign and “little spider cobwebs” on its corners. Harrison repeatedly requested maintenance on the sign. Walker, however, did not service the sign. On October 8, Harrison telegraphed Walker stating that the parties no longer had a contract. Walker cleaned the sign a week later. Walker sent Harrison a letter, stating that if Harrison stopped making payments, then he would refer the matter to his collections attorney. Harrison refused to make any additional payments for the sign. As a result, Walker sued to recover the $5,197.50 balance due under 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.
10m 12s
