Citation264 F.2d 821 (8th Cir. 1959) Brief Fact Summary. An employee of a company was coerced under duress into signing a contract significantly decreasing his compensation. The employees' actions after the signing of the contract, however, evidenced his acceptance of the contract's provisions. Synopsis of Rule of Law. A contract can be ratified "if the party who executed the contract under duress accepts the benefits flowing from it or remains silent or acquiesces in the contract for any considerable length of time after opportunity is afforded to annul or void it." ...
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Ortelere v. Teachers’ Retirement Bd.
Citation25 N.Y.2d 196, 250 N.E.2d 460 (1969) 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 provided he cannot act in a reasonable manner and the other party had rea ...
Pettit v. Liston
Citation View this case and other resources at: Brief Fact Summary. A minor purchased a motorcycle and attempted to return it to the shop he bought it from and receive a full refund. Synopsis of Rule of Law. "[W]here the minor has not been overreached in any way, and there has been no undue influence, and the contract is a fair and reasonable one, and the minor has actually paid money on the purchase price, and taken and used the article, that he ought not to be permitted to recover the amount actually paid, without allowing the vendor of the goods the reasonable compensation for the ...
Nanakuli Paving & Rock Co. v. Shell Oil Co.
Citation664 F.2d 772 (9th Cir. 1981) Brief Fact Summary. Appellant Nanakuli Paving & Rock Co. entered into a contract to purchase all of its asphalt from Appellee Shell Oil Co. The contract did not expressly provide price protection. However, price protection is widely used in the locality and had been provided by Appellee on two occasions. Synopsis of Rule of Law. Despite the parol evidence rule, the UCC allows the admission course of performance, course of dealing, and trade usage evidence. ...
Untiedt v. Grand Laboratories, Inc.
Citation552 N.W.2d 571 (Minn. App. 1996) Brief Fact Summary. A term in a contingency fee agreement was ambiguous. The court had to determine which party had the responsibility to clarify ambiguities. Synopsis of Rule of Law. If a term in a contingency agreement is ambiguous, the burden of "identifying and clarifying ambiguities [is] on the attorney, whose experience places him or her in a better position to discharge the task at the least cost." ...
Beanstalk Group, Inc. v. AM General Corp.
Citation283 F.3d 856 (7th Cir. 2002) Brief Fact Summary. AM General was the manufacturer of the Hummer vehicle. In a "representation agreement" (the "Agreement"), AM General appointed Beanstalk "as its exclusive agent to find licensees to use AM General's Hummer trademark." In 1999, AM General and General Motors ("GM") entered into a joint-venture agreement and General Motors acquired the Hummer trademark. Synopsis of Rule of Law. Courts when construing contracts must keep two principles of contract interpretation in mind. First, that c ...
Trident Center v. Connecticut General Life Insurance Company
Citation847 F.2d 564 (9th Cir. 1988) Brief Fact Summary. Party A and party B entered into a loan agreement. Unambiguous language in the contract specified that party B could not pay off the loan in full within the first 12 years of its existence. Party B sought to admit certain parol evidence about the pay off provision in the loan. Synopsis of Rule of Law. Under California state law "it matters not how clearly a contract is written, nor how completely it is integrated, nor how carefully it is negotiated, nor how squarely it addresses the issue before the court: the contract ...
Pacific Gas and Electric Co. v. G.W. Thomas Drayage & Rigging Co.
Citation69 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. ...
Val-Ford Realty Corp. v. J.Z.’s Toy World
Citation231 A.D.2d 434, 647 N.Y.S. 2d 488 (N.Y.A.D. 1 Dept. 1996) Brief Fact Summary. The validity of a lease was at issue. Synopsis of Rule of Law. Parol evidence "is admissible to show that a " 'writing, although purporting to be a contract, is, in fact, no contract at all' " " ...
George v. Davoli
Citation91 Misc.2d 296, 397 N.Y.S.2d 895 (City Court, City of Geneva, N.Y. 1977) Brief Fact Summary. The Plaintiff and the Defendant entered into a contract for the sale of certain pieces of jewelry. The contract did not include a provision concerning the return of the jewelry, but the parties had a contemporaneous oral conversation as to when the jewelry would be returned. Synopsis of Rule of Law. Under § 2-202 of the Uniform Commercial Code ("UCC"), when analyzing parol evidence, for a term "[t]o be inconsistent the term must contradict or negate a term of the wri ...
Lee v. Joseph E. Seagram & Sons, Inc.
Citation552 F.2d 447 (2d Cir. 1977) Brief Fact Summary. A corporation in the liquor business agreed to purchase the assets of one of its distributors. The agreement was consummated, but the writing memorializing it, left out a portion of the agreement. Synopsis of Rule of Law. Evidence of a contemporaneous oral agreement is admissible under the parol evidence rule if it does not contradict terms of the parties' written agreement. ...
Mitchill v. Lath
Citation247 N.Y. 377 (1928) Brief Fact Summary. The Mitchills (Plaintiffs) brought an action against the Laths (Defendants) to enforce an oral agreement to remove an icehouse from property purchased from the Defendants. Defendants appealed from judgment granted in favor of Plaintiffs. Synopsis of Rule of Law. An oral agreement is not collateral to the written agreement if its subject is closely related to the subject of the written agreement. ...
Deli v. University of Minnesota
Citation578 N.W.2d 779 (Minn. App. 1998) Brief Fact Summary. A school's athletic director made an oral promise not to watch a videotape containing a sporting event and a sex act. The athletic director watched the tape, and one of the individuals taped engaging in the sex act sued for breach of that promise. Synopsis of Rule of Law. "Because promissory estoppel is a contract-based claim, to recover emotional distress damages, [a party is] required to plead and prove the existence of an independent tort." ...
Werner v. Xerox Corp.
Citation732 F.2d 580 (7th Cir. 1984) Brief Fact Summary. Company 1 was a manufacturer of lathes that are used to make metal products. Company 1 was encouraged by a representative of company 2 to construct a lathe fitted to make a component for one of company 2's products, and to lease an office to house the machine. Synopsis of Rule of Law. To recover under promissory estoppel, the promisee's reliance must have been reasonable. ...
Drennan v. Star Paving Co.
Citation51 Cal.2d 409, 333 P.2d 757 (1958) 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 Rule of Law. A party that can reasonably expect another p ...
Salsbury v. Northwestern Bell Telephone Co.
Citation221 N.W.2d 609 (Supreme Court of Iowa, 1974) Brief Fact Summary. A company made a charitable pledge to a fledgling college. A formal pledge form was not filled out, but a letter documented the contribution. Synopsis of Rule of Law. The court concludes "[i]t is more logical to bind charitable subscriptions without requiring a showing of consideration or detrimental reliance" and adopts the draft Restatement's take on the issue. ...
Shoemaker v. Commonwealth Bank
Citation700 A.2d 1003 (1997) Brief Fact Summary. Plaintiffs, Shoemakers, obtained a mortgage on their home from Defendant Commonwealth Bank. Pursuant to the mortgage agreement, Plaintiffs were required to carry insurance on the property. The homeowner’s insurance on Plaintiffs’ home expired prior to the destruction of the home. Synopsis of Rule of Law. Summary judgment is inappropriate for a promissory estoppel claim where a genuine issue as to each element is present. ...
Feinberg v. Pfeiffer Co.
Citation322 S.W.2d 163 Brief Fact Summary. P brings a breach of contract action against D because D refuses to honor a pension plan agreement. Synopsis of Rule of Law. Mutuality of obligation requires that consideration for a promise be bargained for and given in exchange for that promise. ...
Webb v. McGowin
Citation27 Ala.App. 82, 168 So. 196, cert.denied 232 Ala. 374, 168 So. 199 (1936) Brief Fact Summary. P brings suit against D for payments that D promised to P after P suffered serious bodily harm in preventing a block from falling on D. Synopsis of Rule of Law. A moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit. ...
Harrington v. Taylor
Citation225 N.C. 690, 36 S.E.2d 227 Brief Fact Summary. The Plaintiff, Harrington (Plaintiff), saved the Defendant, Taylor (Defendant), from death or serious bodily injury. Plaintiff was promised compensation, but Defendant failed to fully comply with the promise. Plaintiff sues to enforce the original promise. Synopsis of Rule of Law. A humanitarian and voluntary act followed by a promise is not valid consideration. ...
Banco Do Brasil S.A. v. State of Antigua and Barbuda
Citation268 A.D.2d 75, 707 N.Y.S. 2d 151 (N.Y. Appellate Division, First Department 2000) Brief Fact Summary. A country entered into a loan agreement with a bank to borrow a certain sum of money. The country refused to pay the bank back and after several years the bank sued and the country asserted a statute of limitations defense. Synopsis of Rule of Law. A letter sent by the Defendant concerning a loan agreement after the Statute of Limitations has run "constitutes an acknowledgement or promise within the meaning of General Obligations Law §17-101" and as such is " ...
Estate of Lovekamp
Citation24 P.3d 894 (Court of Civil Appeals of Oklahoma, Division No. 1, 2001) Brief Fact Summary. Prior to his death, a decedent wrote his ex-wife a check for $60,000 thanking her for moving back in with him after his death. Synopsis of Rule of Law. Past consideration is no consideration at all. ...
Sheldon v. Blackman
Citation View this case and other resources at: Brief Fact Summary. After leaving her job, a lady cared for an elderly couple for over 30 years. An instrument was executed by the elderly husband granting the caretaker a substantial amount of money, the consideration being the assistance the caretaker provided in the past. Synopsis of Rule of Law. "[M]ere inadequacy [of consideration] does not amount to a failure or partial failure of consideration." ...
Texas Gas Utilities Company v. S.A. Barrett
Citation460 S.W.2d 409 (Supreme Court of Texas, 1970) Brief Fact Summary. Company 1 contracted to supply company 2 and certain individuals with a minimum amount of natural gas. Company 1's contract was eventually assigned to company 3. Company 2 and certain individuals lost their lease on the property, and a question of whether the contract remained enforceable arose. Synopsis of Rule of Law. "[If a] writing embodies an exchange of obligations of value of each contracting party, reciprocally or mutually induced", the contract is enforceable. ...
Mezzanotte v. Freeland
Citation20 N.C.Ap.11, 200 S.E.2d 410 (Court of Appeals of North Carolina, 1973) www.bloomberglaw Brief Fact Summary. A party to a real estate transaction promised to obtain a second mortgage "satisfactory" to them. The validity of this term was at issue. Synopsis of Rule of Law. A "promise conditioned upon an event within the promisor's control is not illusory if the promisor also 'impliedly promises to make reasonable effort to bring the event about or to use good faith and honest judgment in determining whether or not it has in fact occurred.' " ...