Carnival Cruise Lines, Inc. v. Shute
Brief

View this case and other resources at: Citation. 499 U.S. 585, 111 S. Ct. 1522, 113 L. Ed. 2d 622 (1991) Brief Fact Summary. Appellees Eulala and Russel Shute, purchased tickets to take a cruise on a vessel owned by Appellant Carnival Cruise Lines, Inc. The tickets contained language stating that the tickets were subject to the conditions of the contract, which contained a forum selection clause. When Eulala Shute was injured on the cruise ship, Appellees sued, and the forum selection clause was challenged. Synopsis of Rule of Law. Forum selection clauses contained in form ...

O’Callaghan v. Waller & Beckwith Realty Co
Brief

View this case and other resources at: Citation. 15 Ill. 2d 436, 155 N.E.2d 545, 1958 Ill. 427 Brief Fact Summary. Plaintiff Ella O'Callaghan, a tenant of a building owned by Defendant Waller & Beckwith Realty Co. fell while crossing the paved courtyard of the apartment building. She sued to recover damages but was denied recovery due to an exculpatory clause in her lease relieving Defendant of liability from personal injuries caused by any act or neglect of Defendant. Synopsis of Rule of Law. An exculpatory clause is generally enforced "unless (1) it would be against ...

Henningsen v. Bloomfield Motors, Inc
Brief

View this case and other resources at: Citation. 32 N.J. 358, 161 A.2d 69, 1960 N.J. 213, 75 A.L.R.2d 1 Brief Fact Summary. Plaintiffs Claus and Helen Henningsen sued Defendant Bloomfield Motors, Inc., for breach of an implied warranty of merchantability imposed by the Uniform Sales Act after Helen Henningsen was injured when the steering mechanism of the car Plaintiffs purchased from Defendant malfunctioned. Defendant asserted that the warranty had been disclaimed by the fine print on the back of the purchase contract. Synopsis of Rule of Law. A disclaimer or limitation of ...

Swinton v. Whitinsville Sav. Bank
Brief

View this case and other resources at: Citation. 311 Mass. 677, 42 N.E.2d 808 (1942) Brief Fact Summary. Defendant Whitinsville Savings Bank sold Plaintiff Swinton a house that was infested with termites. Defendant knew of the infestation but did not inform Plaintiff of the infestation. Synopsis of Rule of Law. A selling party is not liable for failing to disclose defects. ...

Kannavos v. Annino
Brief

View this case and other resources at: Citation. 356 Mass. 42, 247 N.E.2d 708, 1969 Mass. 659 Brief Fact Summary. Defendant Carrie Annino sold a multi-family apartment with eight apartments to Plaintiff Apostolos Kannavos, knowing that the building had been converted into apartments without a building permit and in violation of the city zoning ordinance. Defendant never disclosed this fact to Plaintiff. Synopsis of Rule of Law. While a party is not required to speak at all regarding a transaction, if he does speak, he must speak honestly and divulge all material facts bea ...

Vokes v. Arthur Murray, Inc
Brief

View this case and other resources at: Citation. 212 So. 2d 906, 1968 Fla. App. 5388 Brief Fact Summary. The owner of Defendant's franchise, J.P. Davenport, sold Plaintiff Audrey Vokes, dancing lessons for a total cash outlay of $31,090.45. Synopsis of Rule of Law. While a misrepresentation is not generally actionable unless it is a misrepresentation of fact rather than opinion, where the party making the misrepresentation has superior knowledge, the misrepresentation may be regarded as a statement of fact even though it would be considered an opinion if the parties were d ...

Watkins & Son v. Carrig
Brief

View this case and other resources at: Citation. 91 N.H. 459, 21 A.2d 591, 1941 N.H. 55, 138 A.L.R. 131 Brief Fact Summary. Plaintiff Watkins & Son agreed to excavate a cellar for Defendant Carrig, but Plaintiff encountered solid rock shortly after the work began. The parties then orally agreed that Plaintiff would remove the rock for a stipulated price. Synopsis of Rule of Law. A contract changed to meet changes in circumstances and conditions is valid. ...

McKinnon v. Benedict
Brief

View this case and other resources at: Citation. 38 Wis. 2d 607, 157 N.W.2d 665, 1968 Wisc. 927 Brief Fact Summary. Plaintiff Roderick McKinnon and Defendants Mr. and Mrs. Roy Benedict entered into an agreement providing that Plaintiff would help getting a resort business of Defendants off the ground, said help includes a $5,000 loan, and in return, Defendants promised to cut no trees between Defendant's camp and Plaintiff's property and make no improvements closer to Plaintiff's property than the present buildings. When the resort business did not prosper, Defendants decided ...

Tuckwiller v. Tuckwiller
Brief

View this case and other resources at: Citation. 413 S.W.2d 274, 1967 Mo. 975 Brief Fact Summary. Plaintiff Ruby Tuckwiller entered into an agreement to quit her job and care for the aunt of her husband, Metta Hudson Morrison, in exchange for Morrison willing her Morrison's Corum farm. Morrison made an appointment to have her will changed, but she was hospitalized and eventually died without the will being changed. The will stated that the farm shall be sold and the proceeds to be used for a student loan fund at Davidson College. Synopsis of Rule of Law. A transaction is to ...

Ortelere v. Teachers’ Retirement Bd
Brief

View this case and other resources at: Citation. 25 N.Y.2d 196, 250 N.E.2d 460, 303 N.Y.S.2d 362, 1969 N.Y. 1673 Brief Fact Summary. Grace Ortelere, wife of Plaintiff Mr. Ortelere, elected to take the maximum retirement benefits during her lifetime, leaving Plaintiff, who quit his job to care for Mrs. Ortelere until her death, with no benefits beyond her death. Plaintiff sought to have his wife's election voided on the ground of mental incompetence. Synopsis of Rule of Law. A person entering into a contract by reason of mental illness incurs only voidable contractual duties ...

Cundick v. Broadbent
Brief

View this case and other resources at: Citation. 383 F.2d 157, 1967 U.S. App. 5124 Brief Fact Summary. Plaintiff Darwin Cundick agreed by written contract to sell all of his ranching properties to Defendant J.R. Broadbent. The agreement was once amended in a manner favorable to Plaintiff. Plaintiff, through his wife, who had been appointed his guardian ad litem, sued to set aside the agreement on the ground that Plaintiff was mentally incompetent to contract. Synopsis of Rule of Law. Absent fraud or knowledge by one contracting party of a mental deficiency on the part of the ...

Monarco v. Lo Greco
Brief

View this case and other resources at: Citation. ...

Kiefer v. Fred Howe Motors, Inc
Brief

View this case and other resources at: Citation. 39 Wis. 2d 20, 158 N.W.2d 288, 1968 Wisc. 959 Brief Fact Summary. Plaintiff Steven Kiefer, purchased an automobile from Defendant Fred Howe Motors, Inc., when he was a few months short of his twenty-first birthday even though he represented that he was twenty-one already. After he became of age, Plaintiff sought to return the automobile and sued to recover the purchase price. Synopsis of Rule of Law. The contract of a minor, other than for necessaries, is either void or voidable at his option. ...

In re Arbitration between Acadia Company & Irving Edlitz
Brief

View this case and other resources at: Citation. 7 N.Y.2d 348, 165 N.E.2d 411, 197 N.Y.S.2d 457, 1960 N.Y. Brief Fact Summary. Respondent Edlitz was employed by appellant Acadia Company pursuant to agreement. The parties agreed orally to renew the contract and extend the respondent's term of employment by six months. After respondent's employment was terminated, a dispute arose as to whether the contract was breached. Synopsis of Rule of Law. Orally renewing the written agreement adopted the written agreement as an integral part of the new arrangement, modified only by an ...

Johnson Farms v. McEnroe
Brief

View this case and other resources at: Citation. 1997 ND 179; 568 N.W.2d 920, 1997 N.D. 197 Brief Fact Summary. Plaintiff Johnson Farms and Defendants George and Donna McEnroe entered into an agreement whereby Defendants would convey almost 60 acres of land to Plaintiff in exchange for like-kind property. After about half of the land had been conveyed, Defendants reneged on the agreement. Synopsis of Rule of Law. Where part performance of an oral agreement has occurred, the statute of frauds does not apply, and a court can therefore order specific performance of the agreemen ...

Power Entertainment, Inc. v. National Football League Properties, Inc
Brief

View this case and other resources at: Citation. 151 F.3d 247, 1998 U.S. App. 18733 Brief Fact Summary. Plaintiff Power Entertainment, Inc., and Defendant, National Football League Properties, Inc., orally agreed that Plaintiff would take over the licensing agreement between Defendant and Pro Set, Inc. in exchange for Plaintiff assuming the debt of Pro Set, Inc. to Defendant in the amount of approximately $800,000. Synopsis of Rule of Law. Under the "main purpose doctrine," the suretyship statute of frauds provision, which requires that any promise to answer for the debt of ...

Channel Home Centers, Division of Grace Retail Corp. v. Grossman
Brief

View this case and other resources at: Citation. 795 F.2d 291, 1986 U.S. App. 26657 Brief Fact Summary. Plaintiff, a home improvement store, executed a letter of intent to lease a certain mall premises from Defendant, a real estate developer. The letter helped Defendant obtain financing for purchase of the mall. In return, Plaintiff promised to withdraw the premises from the rental market and negotiate a final lease with Plaintiff. Synopsis of Rule of Law. Where the parties exchanges promises of value to each other, they can be found to have provided consideration sufficien ...

Oglebay Norton Co. v. Armco, Inc
Brief

View this case and other resources at: Citation. 52 Ohio St. 3d 232, 556 N.E.2d 515, 1990 Ohio 291 Brief Fact Summary. Plaintiff Oglebay Norton Co. and Defendant Armco, Inc., entered into a long-term contract that required Defendant to pay for shipping via a primary and secondary pricing mechanism. After the parties were unable to agree on a shipping rate for the year 1986, Plaintiff filed a declaratory judgment action seeking to have the Court fix the shipping rate for the year. Synopsis of Rule of Law. Since the parties intended to be bound to the contract, the trial cou ...

Cyberchron v. Calldata Systems Development, Inc
Brief

View this case and other resources at: Citation. 47 F.3d 39, 1995 U.S. App. 2134 Brief Fact Summary. Plaintiff produced equipment for computer stations. Defendant, through its parent Grumman, had a contract with the U.S. Marine Corps to provide a combat command control system. Plaintiff produced some equipment in reliance on representations of Grumman, but none of the equipment was ever delivered and no payment was made. Synopsis of Rule of Law. If negotiations are failing to reach an agreement on specific terms and to form a contract, but one party insists that the other c ...

Drennan v. Star Paving Co
Brief

View this case and other resources at: Citation. 51 Cal. 2d 409, 333 P.2d 757, 1958 Cal. 245 Brief Fact Summary. Defendant subcontractor submitted a low bid for paving portion of a project, which was relied upon by Plaintiff, the general contractor. Later, Defendant refused to perform the work for the price it had bid saying that they had made a mistake in the bid and could not do the work for less than an amount which was nearly twice as much. Plaintiff found another contractor willing to do the work but sought damages for the difference from Defendant's bid. Synopsis of Rul ...

Hoffman v. Red Owl Stores
Brief

View this case and other resources at: Citation. 26 Wis. 2d 683, 133 N.W.2d 267, 1965 Wisc. 1026 Brief Fact Summary. Plaintiff owned a bakery but wanted to operate Defendant grocery store franchise. Defendant representative strung him along and gave advice in how to make it happen, promised that it was set to happen and Plaintiff sold his bakery and moved in reliance on the promise. Defendant had made numerous promises but not enough that would establish a contract to establish a store that Plaintiff would run. Synopsis of Rule of Law. Promises that a party can reasonably ex ...

Dorton v. Collins & Aikman Corp
Brief

View this case and other resources at: Citation. 453 F.2d 1161, 1972 U.S. App. 11982 Brief Fact Summary. The small print on the back of acknowledgement form sent in response to order for carpeting contained arbitration clause. The face of the form specified that acceptance was subject to all the terms on the reverse side. Carpet purchaser sought to avoid application of the arbitration clause in order to sue in Federal court. Synopsis of Rule of Law. An acceptance which proposes additional terms in response to an offer will be enforceable an enforceable contract including tho ...

Step-Saver Data Systems, Inc. v. Wyse Technology
Brief

View this case and other resources at: Citation. 939 F.2d 91, 1991 U.S. App. 16526 Brief Fact Summary. Defendant sold computer programs to Plaintiff and all the programs had box top license terms which stated that opening the package was acceptance of certain terms, including a disclaimer of warranties. Plaintiff would resell the software to various customers. Plaintiff started getting sued because of problems with the software and sought to get indemnity from Defendant and enforce breach of warranties against Defendant. Synopsis of Rule of Law. Under 2-207, an additional te ...

ProCD, Inc. v. Zeidenberg
Brief

View this case and other resources at: Citation. 86 F.3d 1447, 39 U.S.P.Q.2d 1161, 1 ILRD 634 (7th Cir. 1996) Brief Fact Summary. Defendant bought a CD-ROM database with a license restriction, limiting the consumer-purchaser to non-commercial use. The existence of a license restriction was declared by shrinkwrap packaging but the terms were inside the packaging and not on the outside. Defendant ignored the license and resold the information on the CD database. Synopsis of Rule of Law. If a buyer is presented with additional terms and offered the opportunity to reject and r ...

Corinthian Pharmaceutical Systems, Inc. v. Lederle Laboratories
Brief

View this case and other resources at: Citation. 724 F. Supp. 605, 1989 U.S. Dist. 13058 Brief Fact Summary. Defendant was a drug manufacturer that periodically issued price lists to customers like Plaintiff who purchased vaccines and distributed them the physicians. The price list stated that orders were subject to acceptance by Defendant and that orders would be priced according to price in effect at the time of shipment. Synopsis of Rule of Law. Where a seller notifies the buyer that the shipment is only an accommodation to the buyer, the seller will not be found to have ...