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 ...

Alcor Life Extension Foundation v. Richardson
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View this case and other resources at: Citation. 785 N.W.2d 717 (Iowa Ct. App. 2010). Brief Fact Summary. Orville Richardson intended to donate his remains to Alcor Life Extension Foundation (Plaintiff) and to have his head cryopreserved. His brother and sister (Defendants) disagreed and when Orville died, had him buried without notice to Plaintiff. Plaintiff sued for an order compelling Defendants to allow disinterment for cryopreservation. Synopsis of Rule of Law. An individual has the right to make an anatomical gift of all or part of his body for cryonic pres ...

Alby v. Banc One Financial
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View this case and other resources at: Citation. 128 P.3d 81 (Wash. Sup. Ct. 2006). Brief Fact Summary. Land owners sold a portion of property to relatives with a clause providing for automatic reverter if the property was encumbered. The purchasers mortgaged the property and defaulted and the grantors sued the bank to quiet title after foreclosure. Synopsis of Rule of Law. A restraint on alienation must not be undue or unreasonable. A restriction against encumbering the property may be reasonable and justified by the legitimate interests of the parties involved. ...

United States v. Craft
Brief

View this case and other resources at: Citation. 535 U.S. 274 (2002). Brief Fact Summary. Mr. and Mrs. Craft (Plaintiff) owned property as tenants by the entirety. The Internal Revenue Service (Defendant) attempted to place a tax lien on the property. Synopsis of Rule of Law. When property is owned as tenants by the entirety, each tenant’s individual rights in the property constitute “property” or “rights to property” for purposes of a tax lien. ...

Tennessee Division of the United Daughters of the Confederacy v. Vanderbilt University
Brief

View this case and other resources at: Citation. 174 S.W.3d 98 (Tenn. Ct. App. 2006). Brief Fact Summary. Tennessee Division of the United Daughters of the Confederacy (Plaintiff) donated a portion of the funds used to build the “Confederate Memorial Hall” dormitory at Peabody College. Eventually, Peabody College merged with Vanderbilt University (Defendant) and Plaintiff sued when Defendant changed the name of the dormitory. Synopsis of Rule of Law. When a donee does not comply with the conditions of a gift, the donor is entitled to recover that gift ...

Posik v. Layton
Brief

View this case and other resources at: Citation. 695 So.2d 759 (Fla. Dist. Ct. App., 5th Dist. 1997). Brief Fact Summary. Posik (Plaintiff) and Layton (Defendant) entered a same-sex relationship and entered into a support agreement, much like a prenuptial agreement. When the relationship ended, Plaintiff sought to enforce the agreement. Synopsis of Rule of Law. A support agreement between two unmarried adults is valid unless it is inextricably based upon illicit consideration of sexual services. ...

Crandall v. Nevada
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View this case and other resources at: Citation. 73 U.S. 35 (1868). Brief Fact Summary. Crandall (Defendant) was a stagecoach company agent, charged with collecting and paying to the state a per capita tax on every person leaving the state. He argued that the tax was unconstitutional. Synopsis of Rule of Law. A state tax imposed upon all persons leaving the state via normal modes of transportation is unconstitutional. ...

Identiseal Corp. v. Positive Identification Systems, Inc.
Brief

View this case and other resources at: Citation. 560 F.2d 298 (7th Cir. 1977). Brief Fact Summary. The district court ordered Identiseal Corp. (Plaintiff) to conduct additional discovery. When Plaintiff refused, the court dismissed the action. Synopsis of Rule of Law. Dismissal for failure to follow a discovery order is only appropriate when the failure equates to a failure to prosecute.  ...

Homer v. Shaw
Brief

Citation. 212 Mass. 118 (Supreme Judicial Court of Massachusetts, 1912) Brief Fact Summary. Shaw (Defendant) was a general contractor for whom Lancaster was a subcontractor and agreed to do certain excavating and mason work.  Lascaster borrowed funds from Homer (Plaintiff), and gave him a written assignment of the sums due him under his contract with the Defendant.  Synopsis of Rule of Law. The parties, while they could not modify to the assignee’s prejudice the terms of the contract assigned without the assignee’s consent, or by a secret or fraudulent arra ...

Kingston v. Preston
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Citation. 2 Doug. 689 (1773) Brief Fact Summary. Kingston (Plaintiff) brought an action for breach of contract against Preston (Defendant) for failing to comply with covenants to the contract.   Synopsis of Rule of Law. The presentation of a good security by one party is a condition precedent to the other party’s obligation to perform.   ...

Livingstone v. Evans
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Citation. 4 D.L.R. 769 (S.C. of Alberta, 1925) Brief Fact Summary. Evans (Defendant) offered to sell his land to Livingston (Plaintiff), who counter-offered and then later accepted after the Defendant rejected the counter-offer.  Synopsis of Rule of Law. The making of a counter offer is a rejection of the original offer.  Facts.   The Defendant offered to sell his land for $1800, and the Plaintiff countered with $1600 cash.  The Defendant relied that he could not reduce the price.  The Plaintiff then sought to accept at Defendant’s original offe ...

Batsakis v. Demotsis
Brief

Citation. 226 S.W.2d 673 (1949) Brief Fact Summary. Plaintiff, Batsakis, loaned Defendant, Demotsis, 500,000 drachmae.  In exchange for the loan, Defendant signed an instrument promising to pay Plaintiff $2,000 in U.S. currency.  The 500,000 drachmae were worth approximately $25.00 at the time. Synopsis of Rule of Law. Inadequacy of consideration alone will not void a contract. ...

Pacific Gas and Electric Co. v. G.W. Thomas Drayage & Rigging Co.
Brief

View this case and other resources at: Citation. 69 Cal.2d 33 (1968). Brief Fact Summary. G.W. Thomas Drayage & Rigging Co. (Defendant) appeals from a judgment for Pacific Gas and Electric Co. (Plaintiff) in an action for damages for injury to property under an indemnity clause in the contract.   Synopsis of Rule of Law. A party may offer parol evidence to show the meaning of terms of a contract when the language of the contract is susceptible to the interpretation argued by the party. ...

Hoffman v. Chapman
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View this case and other resources at: Citation. 182 Md. 208 (Court of Appeals of Maryland, 1943) Brief Fact Summary. Joseph Hoffman (Appellees) and his wife agreed to sell to William Chapman and his wife (Appellants) a part of Lot 4 containing a bungalow.  However, the deed actually conveyed the entire lot, and the Chapmans refused to deed back the unsold part. Synopsis of Rule of Law. .  A court of equity will reform a written instrument to make it conform to the real intention of the parties, the evidence is so clear, strong and convincing as to leav ...

Morone v. Morone
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View this case and other resources at: Citation. 429 N.Y.S.2d 592 (Court of Appeals of New York, 1980) Brief Fact Summary. The Plaintiff alleged she and the Defendant had been holding themselves out as husband and wife since 1952 and they had two children together.  She sought to recover from Defendant on both implied and express contact theories for the “housewifely” duties she had performed. Synopsis of Rule of Law. An express agreement between unmarried persons living together is as enforceable as though they were not living together ...

Idaho Power Co. v. Westinghouse Electric Corp.
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View this case and other resources at: Citation. 596 F.2d 924 (U.S. Court of Appeals 9th Circuit, 1979) Brief Fact Summary. Idaho Power Company (Idaho Power) sent an inquiry to Westinghouse Electric Corporation (Westinghouse) requesting a price quote for a three-phase voltage regulator, and Westinghouse responding with a price quote that provided it was subject to the terms on the back of the form.  Idaho Power ordered the voltage regulator on its own form, that had different terms, and the question was whose terms as to liability applied. Synopsis of Rule o ...

Davis v. Jacoby
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View this case and other resources at: Citation. 1 Cal.2d 370 (Supreme Court of California, 1934) Brief Fact Summary. Frank and Caro Davis (Plaintiffs) appealed from a judgment refusing to grant specific performance of an alleged contract by Caro’s uncle, Mr.Whitehead, to make a will under which Caro would “inherit everything.”   Synopsis of Rule of Law. A unilateral contract is one in which no promisor receives a promise as consideration for his promise.  A bilateral contract is one in which there are mutual promises between the ...

Raffles v. Whichelhaus
Brief

View this case and other resources at: Citation. 159 Eng.Rep. 375 (Court of Exchequer, 1864). Brief Fact Summary. There were two ships named Peerless.  The Plaintiff agreed to sell the Defendant 125 Bales of Cotton, which it would put on the ship “Peerless”, sailing from Bombay.  “Peerless” No. 1 sailed from Bombay in October and did not contain the bales of cotton.  “Peerless” No. 2 sailed from Bombay in December, containing the cotton. Synopsis of Rule of Law. There are several applicable rules to be considered ...