Reed v. Reed
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Freed v. Erie Lackawanna Railway Co.
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View this case and other resources at: Citation. 445 F.2d 619 (6th Cir. 1971) Brief Fact Summary. Freed (Plaintiff) was struck by a train car operated by Erie Lackawanna Railway Co. (Defendant) and sued over his injuries. Defendant introduced evidence at trial that conflicted with answers it had provided to interrogatories. Synopsis of Rule of Law. Answers to interrogatories provided by a party are not binding on that party at trial. ...

Anglia Television v. Reed
Brief

Citation. 3 All E.R. 690 (House of Lords 1971) Brief Fact Summary. An actor and a media company entered into a contract for the actor to star in a film of a play for television.  The actor had to repudiate the contract, and a question as to the damages owed by the actor to the media company arose. Synopsis of Rule of Law. If a party cannot demonstrate an amount of lost profits they are entitled to, both expenditures incurred before and after the contract was concluded will be part of the damages award, if those expenditures "would reasonably be in the contemplation of th ...

Reed v. McCord
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View this case and other resources at: Citation. 18 App. Div. 381, 46 N.Y.S. 407 (App Div, 2d Dept 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party's own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements made ...

Reed v. Ross
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View this case and other resources at: Citation. 468 U.S. 1, 104 S. Ct. 2901, 82 L. Ed. 2d 1, 1984 U.S. Brief Fact Summary. An individual was convicted of murder, but a Supreme Court case decided after his conviction concluded that a procedural aspect of all cases including his was deemed invalid. Synopsis of Rule of Law. "[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures." ...

Gibbs v. Breed, Abbot & Morgan
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Kovacik v. Reed
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Reed v. Sears, Roebuck & Co
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View this case and other resources at: Citation. 934 F. Supp.713 (D. Md. 1996) Brief Fact Summary. Owen L. Reed, Jr. and Donna Reed, (Plaintiffs) bring this action individually and on behalf of their child, seeking damages against Sears, Roebuck & Co., (Defendant) for the sale of an allegedly defective storm door that caused injuries to their child. Defendant seeks summary judgment claiming the sealed containers defense. Synopsis of Rule of Law. The sealed container defense applies to products liability claims alleging "defective design or manufacture" as well as strict p ...

Sutcliffe Storage & Warehouse Co. v. United States
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View this case and other resources at: Citation. 162 F.2d 849 (1st Cir. 1947). Brief Fact Summary. Sutcliffe Storage & Warehouse Co. (Plaintiff) broke up its claim against the United States (Defendant) into four separate actions in order to keep each action under the district court’s $10,000 jurisdictional cap. Synopsis of Rule of Law. Separate actions filed over the terms of the same lease must be consolidated into one action even where the consolidated action will exceed the jurisdictional limit of the district court. ...

D.H. Overmyer Co. v. Frick Co.
Brief

View this case and other resources at: Citation. 405 U.S. 174 (1972). Brief Fact Summary. When D.H. Overmyer Co. (Defendant) defaulted on a note that contained a cognovit clause, Frick Co. (Plaintiff) used the clause to obtain a judgment against Defendant without notice or a hearing. Defendant moved to vacate the judgment. Synopsis of Rule of Law. A cognovit clause in a promissory note is not a per se violation of the Fourteenth Amendment’s Due Process Clause. ...

Bank of Montreal v. Olafsson
Brief

View this case and other resources at: Citation. 648 F.2d 1078 (6th Cir. 1981); cert denied 454 U.S. 1084 (1981). Brief Fact Summary. The Bank of Montreal (Plaintiff), a Canadian corporation, brought an action against Olafsson (Defendant), an Icelandic citizen in federal district court. The court entered a default judgment, but later vacated that judgment for lack of diversity jurisdiction. Synopsis of Rule of Law. An appellate court will review a trial court’s vacation of a judgment under Federal Rule of Civil Procedure 60(b) using an abuse of discretion ...

Taylor v. Johnston
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View this case and other resources at: Citation. 539 P.2d 425 (Cal. 1975). Brief Fact Summary. Taylor (Plaintiff) formed a contract with the Johnstons (Defendants) to breed Plaintiff’s two mares with Defendants’ stallion. Defendants sold the stallion and arranged for it to breed with several other mares. Due to the difficulty in scheduling, Plaintiff’s mares did not breed with Defendants’ stallion, but were bred with another stallion instead. Plaintiff sued for breach of contract and damages, and Defendants countersued for stud fees.   ...

Sullivan v. Porter
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View this case and other resources at: Citation. 861 A.2d 625 (Me. 2004). Brief Fact Summary. Porter (Defendant) orally agreed to sell his property to Sullivan (Plaintiff) and then tried to change the terms after Plaintiff had renovated the property and started a business from the property. Plaintiff sued to enforce the oral agreement. Synopsis of Rule of Law. 1) An oral agreement for the sale of real property falls outside of the statute of frauds when all of the elements of a contract exist, the party seeking to enforce the contract has partially performed, and ...

Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc.
Brief

View this case and other resources at: Citation. 468 F.3d 523 (8th Cir. 2006). Brief Fact Summary. Suburban Leisure Center, Inc. (Plaintiff) entered into an oral franchise agreement with AMF Bowling Products, Inc. (Defendant) to promote and sell AMF products in its stores. Later, the parties entered into a written e-commerce agreement that included a merger clause and an arbitration clause. When Defendant told Plaintiff to stop selling and promoting its products, Plaintiff sued and Defendant claimed that the merger clause in the e-commerce agreement subsumed the oral fra ...

Homami v. Iranzadi
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View this case and other resources at: Citation. 211 Cal. App. 3d 1104 (Cal. Ct. App. 1989). Brief Fact Summary. Homami (Plaintiff) sued his brother-in-law, Iranzadi (Defendant) over an unpaid debt and testified that almost $40,000 of the money he had received had not been principal payments, but interest payments the two had agreed not to report to tax authorities.   Synopsis of Rule of Law. A contract created with an illegal intent is void as against public policy. ...

First Hawaiian Bank v. Zukerkorn
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View this case and other resources at: Citation. 2 Haw. App. 383 (Hawaii Ct. App. 1981). Brief Fact Summary. Zukerkorn (Defendant) owed two debts to First Hawaiian Bank (Plaintiff). Collection on these debts was barred by the statute of limitations. Plaintiff contended that Defendant made a new promise to pay the debts when he made partial payments on the debts. Synopsis of Rule of Law. When collection on a debt is barred by the statute of limitations, the debtor has not renewed the debt as a matter of law by acknowledging the debt or making partial payments when ...

Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc
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View this case and other resources at: Citation. 831 N.E.2d 875 (Mass. Sup. Jud. Ct. 2005). Brief Fact Summary. Dynamic Machine Works, Inc. (Plaintiff) ordered a lathe from Machine & Electrical Consultants, Inc. (Defendant) to be delivered by a certain date. The parties extended the delivery date once, and Plaintiff then extended it again in writing. The day after this second extension, Plaintiff revoked the extension. Synopsis of Rule of Law. 1) Under the Uniform Commercial Code, a buyer may not retract a written extension that allows the seller to cure defe ...

DTE Energy Technologies, Inc. v. Briggs Electric, Inc.
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View this case and other resources at: Citation. 2007 WL 674321 (E.D. Mich. 2007). Brief Fact Summary. DTE Energy Technologies, Inc. (Plaintiff) sold generators to Briggs Electric, Inc. (Defendant). After Defendant placed the order and Plaintiff acknowledged it, Plaintiff sent Defendant its Standard Terms and Conditions for Sale that included a forum-selection clause. Disputes over the contract arose and Plaintiff sought to hold Defendant to the forum-selection clause. Synopsis of Rule of Law. The Uniform Commercial Code (U.C.C.) does not provide for the enforcem ...

Dixon v. Wells Fargo Bank, N.A
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View this case and other resources at: Citation. 798 F. Supp. 2d 336 (D. Mass. 2011). Brief Fact Summary. The Dixons (Plaintiffs) had a mortgage held by Wells Fargo Bank, N.A. (Defendant). Defendant orally agreed to consider Plaintiffs for a loan modification. In order to proceed with the modification, Defendant advised Plaintiffs to stop making payments on the loan. Defendant then sought to foreclose and Plaintiff sued arguing for promissory estoppel. Synopsis of Rule of Law. When a mortgagor, relying on an oral promise from the mortgagee to consider him for a ...

Cohen v. Cowles Media Co
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View this case and other resources at: Citation. 479 N.W.2d 387 (Minn. 1992). Brief Fact Summary. Cohen (Plaintiff) provided information to two newspapers after being promised anonymity. The newspapers later disclosed his identity and Plaintiff sued. Synopsis of Rule of Law. When examining a transaction under a claim of promissory estoppel in order to determine whether enforcement of the promise is necessary to prevent an injustice, a court should consider all aspects of the transaction’s substance. ...

Cairo, Inc. v. Crossmedia Services, Inc.
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View this case and other resources at: Citation. 2005 WL 756610 (N.D. Cal. 2005). Brief Fact Summary. Cairo, Inc. (Plaintiff) used computer program “robots” to access and obtain information from web pages created by Crossmedia Services, Inc. (Defendant). Plaintiff claimed that it was not bound by the forum selection clause contained within the Terms of Use on those web pages because it had no actual knowledge of the terms and had not expressly agreed to them. Synopsis of Rule of Law. When a user repeatedly accesses a website through a computer search ...

Browning v. Johnson
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View this case and other resources at: Citation. 422 P.2d 314 (Wash. Sup. Ct. 1967). Brief Fact Summary. Browning (Plaintiff) and Johnson (Defendant) entered into a contract to cancel a sales contract between the two men in exchange for $40,000. Plaintiff claimed the contract was not supported by consideration. Synopsis of Rule of Law. When a unilateral contract includes one party incurring a detriment in exchange for the other party’s promise, the consideration is sufficient even when it may not be of comparable value to the promise. ...

Beneficial National Bank, U.S.A. v. Payton
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View this case and other resources at: Citation. 214 F. Supp. 2d 679 (S.D. Miss. 2001). Brief Fact Summary. Payton (Defendant) obtained a credit card from Beneficial National Bank, U.S.A. (Beneficial) (Plaintiff). A year later, Beneficial sent all cardholders a notice that it was adding a mandatory arbitration clause to the cardholder agreements that would become effective unless a cardholder rejected the change. Defendant did not take any steps to reject the change. The account was later assigned to Household Bank (SB), N.A. (Household) (Plaintiff). A notification of th ...

Blumenthal v. Drudge
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View this case and other resources at: Citation. 992 F. Supp. 44 (D.D.C. 1998). Brief Fact Summary. The Blumenthals (Plaintiffs) brought suit against Drudge (Defendant) and America Online (AOL) (Defendant) for defamation over an article written by Drudge and posted on AOL’s website. AOL claimed that it was immune from liability under § 230 of the Communications Decency Act of 1996 (CDA). Synopsis of Rule of Law. An Internet service provider is immune from liability in a defamation claim when the allegedly defamatory material was created by an independe ...

Hendershott v. People
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View this case and other resources at: Citation. 653 P.2d 385 (Col. Sup. Ct. 1982). Brief Fact Summary. Hendershott (Defendant) was tried for assault. He was not allowed to present evidence of mental disease or defect and appealed his conviction on those grounds. Synopsis of Rule of Law. Evidence of mental disease or defect is admissible to negate mens rea even for general intent offenses. ...