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 ...

Empro Manufacturing Co., Inc. v. Ball-Co Manufacturing, Inc.
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View this case and other resources at: Citation. 870 F.2d 423 (7th Cir. 1989). Brief Fact Summary. Both parties exchanged letters of intent, regarding the sale of Defendant’s assets to Plaintiff, both also acknowledging that security for Plaintiff’s note would need to be agreed upon.  The parties failed to agree upon security and suit followed. Synopsis of Rule of Law. This case stands for the proposition that mutual letters of intent do not bind the parties to an agreement when integral terms are undecided. ...

Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher
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View this case and other resources at: Citation. 417 N.E.2d 541 (NY 1981). Brief Fact Summary. Plaintiff brought suit against its landlord, Defendant, for specific performance on a renewal clause in its lease, which allowed for Plaintiff to renew at a rate which was “to be agreed upon.” Synopsis of Rule of Law. The basic rule of this case is that contractual clarity is a must when including renewal clauses and encompassing future contractual relations.  The parties in this case were not succinct in their contract and as such, a renewal clause tha ...

Feld v. Henry S. Levy & Sons, Inc.
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View this case and other resources at: Citation. 37 N.Y.2d 466 (1975). Brief Fact Summary. Feld (Plaintiff) and Henry S. Levy & Sons, Inc. (Defendant) entered into a contract where the Plaintiff agreed to buy and the Defendant agreed to sell bread crumbs.  Both parties appeal from a judgment of the Appellate Division affirming the Special Term’s decision denying Plaintiff’s Motion for Summary Judgment and rejecting Defendant’s request for a summary judgment of dismissal.  Synopsis of Rule of Law. Under an output contract, good fa ...

Levine v. Blumenthal
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View this case and other resources at: Citation. 117 N.J.L. 23, 186 A. 457. Brief Fact Summary. The Defendant, Blumenthal (Defendant) asks to have a rent increase abated and the Plaintiff Levine, (Plaintiff) agreed orally.  Plaintiff sues for difference, due in the second year. Synopsis of Rule of Law. A preexisting duty cannot count as consideration for the purposes of contract formation.  ...

East Providence Credit Union v. Geremia
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View this case and other resources at: Citation. 103 R.I. 597 (Supreme Court of Rhode Island, 1968) Brief Fact Summary. East Providence Credit Union (Plaintiff) sued to collect the unpaid balance of a promissory note borrowed by Mr. and Mrs. Geremia (Defendants).  The note was secured by a chattel mortgage on Defendants’ 1962 ranch wagon, which was demolished in a mishap. Synopsis of Rule of Law. Promissory estoppel is defined as “A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial c ...

Britton v. Turner
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View this case and other resources at: Citation. 6 N.H. 481 (1834) Brief Fact Summary. The Plaintiff sued the Defendant to recover money allegedly owed to him under a labor contract. Synopsis of Rule of Law. .  Where a party to a contract cannot derive a benefit from the other party's part performance of the contract, the other party cannot recover in quantum meruit for services rendered.  However, where the other party has conferred a benefit upon the party, even though he does not complete performance, he may still recover in quantum meruit. ...

Hamer v. Sidway
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View this case and other resources at: Citation. 124 N.Y. 538, 27 N.E. 256. Brief Fact Summary. P sued D for beach of contract and D contended that the promise was not supported by consideration. Synopsis of Rule of Law. In general, a waiver of any legal right at the request of another party is sufficient consideration for a promise. ...

Fitzpatrick v. Michael
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View this case and other resources at: Citation. 177 Md. 248 (Court of Appeals of Maryland, 1939) Brief Fact Summary. .  Fitzpatrick (Plaintiff) was a nurse employed by Michael (Defendant) to care for his sick wife prior to her death.  After Defendant’s wife died, he entered into an oral contract with the Plaintiff to leave her a life estate in his home and furnishings and full title to his cars if she cared for him for the rest of his life.  Synopsis of Rule of Law. .  The Statute of Frauds requires that contracts not to be performed wi ...

Laclede Gas Co. v. Amoco Oil Co.
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View this case and other resources at: Citation. 522 F. 2d 33 Brief Fact Summary. Plaintiff and Defendant entered into a contract when Plaintiff would buy and Defendant would supply propane.  The contract contained a clause, which stated that Plaintiff could terminate the contract at any time, provided  that it was thirty days before the end of each year.  There was no such clause for Defendant.  Defendant decided to back out of the contract. Synopsis of Rule of Law. Specific performance is appropriate when the terms of the contract are expres ...

Fretwell v. Protection Alarm Co.
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View this case and other resources at: Citation. 764 P.2d 149 (S.C. of Oklahoma, 1988) Brief Fact Summary. The Fretwells (Plaintiffs) had an alarm system installed and maintained in their residence by Protection Alarm Company (Defendant), and brought a negligence action against the Defendant after robbers successfully stole $91,379.93 worth of property from their home.  Synopsis of Rule of Law. .  Except in the case of certain public service contracts, the parties can by agreement limit their liability in damages to a specified amount, either at the tim ...

Rye, City of v. Public Services Mut. Ins. Co.
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View this case and other resources at: Citation. 358 N.Y.S.2d 391 (Court of Appeals of New York, 1974) Brief Fact Summary. The City of Rye (Plaintiff) sought to recover a bond of $100,000 posted by developers (Defendants) to ensure timely completion of six city buildings.  Synopsis of Rule of Law. Agreements providing for a penalty or forfeiture without statutory authority are unenforceable.  However, where damages flowing from a breach are difficult to ascertain, a liquidated damages clause will be upheld if the amount is a reasonable measure of the a ...

Boone v. Coe
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View this case and other resources at: Citation. 153 Ky. 233 (Court of Appeals of Kentucky, 1913) Brief Fact Summary. W.H. Boone and J.T. Coe (Plaintiffs) brought an action against J.F. Coe (Defendant) to recover damages alleged to have resulted from Defendant’s breach of a parol contract for the lease of a valuable farm in Ford County, Texas. Synopsis of Rule of Law. The Statute of Frauds holds that no action can be brought to charge any person upon any contract for the sale or lease of real estate for a longer term than one year unless the contract is in ...

Parker v. Twentieth Century-Fox Film Corp.
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View this case and other resources at: Citation. 3 Cal.3d 176, 474 P.2d 689 (1970) Brief Fact Summary. Plaintiff Parker, better known as actress Shirley MacLaine, contracted with Defendant, Twentieth Century-Fox Film Corp., to play the female lead in the film “Bloomer Girl.”  Defendant thereafter repudiated the agreement by not producing the picture and instead offered Plaintiff the lead female role in another picture entitled “Big Country, Big Man.”  Plaintiff declined, and initiated this action to recover $750,000, the amount she was t ...

Louise Caroline Nursing Home, Inc. v. Dix Construction Corp.
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View this case and other resources at: Citation. 362 Mass. 306 (Supreme Judicial Court of Massachusetts, 1972) Brief Fact Summary. Louise Caroline Nursing Home (Nursing Home) sought damages from Dix Construction Corporation (Dix) for its failure to complete construction of a nursing home. Synopsis of Rule of Law. The measure of damages for failure to complete a construction project is the amount of the reasonable cost of completing the project, less such part of the contract price as has not been paid.  ...

Acme Mills & Elevator Co. v. Johnson
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View this case and other resources at: Citation. 141 Ky. 718 (Court of Appeals of Kentucky, 1911) Brief Fact Summary. Acme Mills (Plaintiff) sued Johnson (Defendant) for breach of contract, but the Plaintiff could not recover because it had benefited from the Defendant’s breach. Synopsis of Rule of Law. The measure of damages is Contract Price – Market Price at the time and place of delivery.  ...

Groves v. John Wunder Co.
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View this case and other resources at: Citation. 205 Minn. 163, 286 N.W. 235 (1939) Brief Fact Summary. Defendant John Wunder Co., entered into a contract with Plaintiff S.J. Groves & Sons Company, to remove sand and gravel from Plaintiff’s premises and leave the property “at a uniform grade, substantially the same as the grade now existing at the roadway.”  Defendant paid Plaintiff $105,000 but willfully failed to leave the property at a uniform grade. Synopsis of Rule of Law. The proper measure of damages is the reasonable cost of perf ...

Hawkins v. McGee
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View this case and other resources at: Citation. 146 A. 641, 84 N.H. 114 (N.H. 1929) Brief Fact Summary. A doctor agreed to perform a surgical procedure on a patient's hand, and promised certain results.  The results were not achieved and suit was brought.  Synopsis of Rule of Law. See held section because there are rules concerning the formation of a contract and damages in this case. ...

Louisville & Nashville R. Co. v. Mottley
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Citation. 11 U.S. 149 (1908). Brief Fact Summary. Mottley (Plaintiff) brought an action in federal court because its main defense was based on federal law. Synopsis of Rule of Law. An anticipated defense to an action that is based on federal law is not sufficient to confer federal jurisdiction. ...