Reed v. Reed
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Anglia Television v. Reed
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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 ...

Homer v. Shaw
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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
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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.
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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
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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 ...

Allhusen v. Caristo Contstruction Corp.
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View this case and other resources at: Citation. 103 N.E.2d 891 Brief Fact Summary. Defendant is a general contractor who hired, Kroo Painting Company (Kroo) to work on one of Defendant’s projects.  The contract included a clause forbidding Kroo from assigning payment to another party without written permission from Defendant.  Kroo assigned payment to Plaintiff without getting permission. Synopsis of Rule of Law. When the language is clear, a party can forbid assignment of payment on a contract ...

Lawrence v. Fox
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View this case and other resources at: Citation. 20 N.Y. 268 (1859) Brief Fact Summary. The Plaintiff sued to recover for a promise made by the Defendant to one Holly, that the Defendant would pay the Plaintiff $300. Synopsis of Rule of Law. A promise made for the benefit of another may be enforced by the person for the benefit of whom the promise was made. ...

Cherwell-Ralli, Inc. v. Rytman Grain Co.
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View this case and other resources at: Citation. 180 Conn. 714 (Supreme Court of Connecticut, 1980) Brief Fact Summary. Cherwell-Ralli, Inc. (Seller) sued Rytman Grain Company (Buyer) for money it owed for accepted deliveries of products under an oral installment contract. Synopsis of Rule of Law. .  The Uniform Commercial Code applied because this case involved a sale of goods.  A party to a sales contract may not suspend performance of its own for which it has “already received the agreed return.” ...

Wholesale Sand & Gravel v. Decker
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View this case and other resources at: Citation. 630 A.2d 710 (Supreme Judicial Court of Maine, 1993) Brief Fact Summary. Wholesale Sand and Gravel (Wholesale) contracted with James Decker (Decker) on June 13, 1989 to install a gravel driveway on Decker’s property.  Wholesale took much longer than expected, Decker terminated the contract and hired another contractor to finish the job. Synopsis of Rule of Law. When one party’s conduct constitutes an anticipatory repudiation, the non-breaching party can terminate the contract ...

Worcester Heritage Society v. Trussell
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View this case and other resources at: Citation. 31 Mass.App.Ct. 343 (Court of Appeals of Massachusetts, 1991) Brief Fact Summary. Worcester Heritage Society (Society), private, non-profit organization dedicated to preserving historically significant buildings, sold a house to Trussell (Defendant).  Under the contract, Trussell agreed to do a complete historic restoration to the house. ...

Plante v. Jacobs
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View this case and other resources at: Citation. 10 Wis.2d 567, 103 N.W.2d 296 (1960) Brief Fact Summary. The Plaintiff, Eugene Plante (Plaintiff), agreed to build a house for the Defendants, Frank and Carol Jacobs (Defendants).  Disputes arose during construction and the house was never finished. Synopsis of Rule of Law. There can be no recovery on a contract unless there is substantial performance. ...

Stewart v. Newbury
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View this case and other resources at: Citation. 220 N.Y. 379, 115 N.E. 984 (1917) Brief Fact Summary. The Plaintiff agreed to do construction work for the Defendant’s new foundry.  The contract did not specify the time of payment.  This dispute arose after the Plaintiff submitted a bill to the Defendant, which he refused to pay. Synopsis of Rule of Law. If no agreement is made as to the time of payment, the work must be substantially performed before payment can be demanded. ...

Cohen v. Kranz
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View this case and other resources at: Citation. 12 N.Y.2d 242, 238 N.Y.S.2d 928, 189 N.E.2d 473 (N.Y. 1963) Brief Fact Summary. An individual signed a contract and agreed to buy another individual's home.  The purchasing party put down a deposit and the remaining balance was to be paid at closing.  The purchasing party refused to go ahead with the transaction alleging title defects.  Synopsis of Rule of Law. "While a vendee can recover his money paid on the contract from a vendor who defaults on law day without a showing of tender or eve ...