SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Weathersby v. Gore
Citation:
556 F.2d 1247 (1977)Facts
In February 1973, Louis Strong, acting as Weathersby’s agent, contacted John Henry George seeking farmers willing to enter forward cotton contracts. George connected Strong with Gore, who had experienced a breach of a forward contract the previous year. Gore insisted on mutual performance bonds of twenty-five thousand dollars to protect against another breach. On March 6, 1973, a contract was executed with Strong signing as “agent only” for Weathersby, agreeing to purchase Gore’s cotton at thirty cents per pound with mutual bonds required. Gore provided his bond in April and repeatedly inquired through George about Weathersby’s bond. Strong offered personal guarantees and later a letter of credit expiring July 1, 1973, both of which Gore rejected as insufficient. On May 3, Gore cancelled the contract through his attorney. Weathersby finally provided a proper performance bond on May 14. Meanwhile, cotton prices had risen dramatically to eighty cents per pound by harvest time. Weathersby had resold the contracted cotton to Starke Taylor, which later sold to Fieldcrest Mills. No party attempted to cover by purchasing substitute cotton on the open market, though all parties stipulated that cover was available.
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.