Citation127 Mo.App. 383, 105 S.W. 777 View this case and other resources at: Brief Fact Summary. The Plaintiff, Embry (Plaintiff), worked for the Defendant, Hargadine, McKittrick Dry Goods Co. (Defendant). The Plaintiff’s contract expired in December and he met with Defendant’s President to renew it for a year. The President said “go ahead, you’re all right; get your men out and don’t let that worry you.” The contract was terminated a few months later. The Plaintiff brought suit based on breach of contract. Synopsis of Rule of Law. ...
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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. ...
Boone v. Coe
Citation153 Ky. 233 (Court of Appeals of Kentucky, 1913) View this case and other resources at: 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 writing, signed by the par ...
Valentine v. General American Credit, Inc.
Citation420 Mich. 256 (Supreme Court of Michigan, 1984) Brief Fact Summary. Sharon Valentine (Plaintiff) sought to recover mental distress damages from General American Credit (Defendant) arising out of the alleged breach of an employment contract, claiming that she was entitled to job security and the peace of mind associated with job security. Synopsis of Rule of Law. A person discharged in breach of an employment contract may not recover mental distress damages. Exemplary damages may not be awarded in common-law actions for breach of commercial contracts without proof of tortuous ...
Groves v. John Wunder Co.
Citation205 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 performing the part of the contract that the defendant willfully failed ...
Shaffer v. Heitner
CitationShaffer v. Heitner, 433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683, 1977 U.S. LEXIS 139 (U.S. June 24, 1977) Brief Fact Summary Heitner (Plaintiff) brought a derivative suit against Greyhound (Defendant) directors for antitrust losses it had sustained in Oregon. The suit was brought in Delaware, Greyhound’s (Defendant) state of incorporation. Synopsis of Rule of Law Jurisdiction cannot be founded on property within a state unless there are sufficient contacts within the meaning of the test developed in International Shoe. ...
Phillips v. General Motors Corp.
CitationPhillips v. GMC, 995 P.2d 1002, 2000 MT 55, 298 Mont. 438, 2000 Mont. LEXIS 54, 57 Mont. St. Rep. 259, CCH Prod. Liab. Rep. P15,758 (Mont. Mar. 7, 2000) Brief Fact Summary Phillips (Plaintiff), the legal guardian of the sole survivor of a traffic accident and personal representative of the estates of the survivor’s parents who died in the crash, brought suit against General Motors (GM) (Defendant) for personal injury, product liability, and wrongful death in Montana, where the accident victims resided. Synopsis of Rule of Law In a case where a potential conflict of laws exists, ...
Paul v. National Life
CitationPaul v. National Life, 177 W. Va. 427, 352 S.E.2d 550, 1986 W. Va. LEXIS 595, 63 A.L.R.4th 155 (W. Va. Dec. 19, 1986) Brief Fact Summary Paul’s survivors (Plaintiff) argued that the lex loci delicti rule for choice of law should be rejected. Synopsis of Rule of Law The lex loci delicti rule for choice of law should be applied, except when a state public policy would be violated by doing so. ...
Mikovich v. Saari
CitationMilkovich v. Saari, 203 N.W.2d 408, 295 Minn. 155, 1973 Minn. LEXIS 1278 (Minn. 1973) Brief Fact Summary Milkovich (Plaintiff), a resident of Canada, was injured in Saari’s (Defendant) automobile, when it crashed in Minnesota, a state with no guest statute. Synopsis of Rule of Law To determine choice of law, a court should consider (1) predictability of results; (2) maintenance of interstate and international order; (3) simplification of a judicial task; (4) advancement of the forum’s governmental interests; and (5) application of the better rule of law. ...
Hughes v. Fetter
CitationHughes v. Fetter, 341 U.S. 609, 71 S. Ct. 980, 95 L. Ed. 1212, 1951 U.S. LEXIS 1728 (U.S. June 4, 1951) Brief Fact Summary Hughes (Plaintiff), a resident of Illinois, was killed in an automobile accident in that state by Fetter (Defendant), a Wisconsin resident. Plaintiff’s administrator brought a wrongful death suit against Defendant in Wisconsin, although Wisconsin law prohibited such suits for deaths outside Wisconsin. Synopsis of Rule of Law While the Full Faith and Credit Clause does not require the forum state to give force to a sister state’s law that ...
Burnham v. Superior Court of California
CitationBurnham v. Superior Court of Cal., 495 U.S. 604, 110 S. Ct. 2105, 109 L. Ed. 2d 631, 1990 U.S. LEXIS 2700, 58 U.S.L.W. 4629 (U.S. May 29, 1990) Brief Fact Summary Burnham (Defendant) argued that service of process upon him while he was present in the forum state was invalid because he lacked minimum contacts in the state. Synopsis of Rule of Law A state does not need minimum contacts with a defendant to exercise jurisdiction over him if he is served with process while physically present in the state. ...
Sherrer v. Sherrer
CitationSherrer v. Sherrer, 334 U.S. 343, 68 S. Ct. 1087, 92 L. Ed. 1429, 1948 U.S. LEXIS 2080, 1 A.L.R.2d 1355 (U.S. June 7, 1948) Brief Fact Summary. Mrs. Sherrer (Plaintiff) left her home and husband in Massachusetts and sought to obtain a divorce in Florida. Mr. Sherrer (Defendant) appeared personally in that proceeding in which all issues, including domicile, were litigated. He now seeks to void the decree in Massachusetts for lack of Florida jurisdiction. Synopsis of Rule of Law A divorce decree granted by a sister state is not subject to attack and must be gi ...
Rosenstiel v. Rosenstiel
CitationRosenstiel v. Rosenstiel, 209 N.E.2d 709, 16 N.Y.2d 64, 262 N.Y.S.2d 86, 1965 N.Y. LEXIS 1185, 13 A.L.R.3d 1401 (N.Y. 1965) Brief Fact Summary Husband (Plaintiff), a resident of New York, sought to annul his marriage to wife (Defendant) on grounds that her bilateral, consensual Mexican divorce from her first husband was invalid. Synopsis of Rule of Law A bilateral Mexican divorce should be recognized as not offending the public policy of New York. ...
Matsushita Electric Industrial Co. v. Epstein
CitationMatsushita Elec. Indus. Co. v. Epstein, 516 U.S. 367, 116 S. Ct. 873, 134 L. Ed. 2d 6, 1996 U.S. LEXIS 1550, 64 U.S.L.W. 4101, Fed. Sec. L. Rep. (CCH) P99,031, 96 Cal. Daily Op. Service 1242, 96 Daily Journal DAR 2103, 9 Fla. L. Weekly Fed. S 401 (U.S. Feb. 27, 1996) Brief Fact Summary A state court settlement was found not to have preclusive effect because it released exclusively federal claims. Synopsis of Rule of Law. A federal court may not withhold full faith and credit from a state-court judgment approving a class action settlement just because the settlement releases claims wi ...
Baker v. General Motor Corporation
CitationBaker v. GMC, 522 U.S. 222, 118 S. Ct. 657, 139 L. Ed. 2d 580, 1998 U.S. LEXIS 455, 66 U.S.L.W. 4060, 98 Cal. Daily Op. Service 282, 98 Daily Journal DAR 383, 1998 Colo. J. C.A.R. 163, 11 Fla. L. Weekly Fed. S 289 (U.S. Jan. 13, 1998) Brief Fact Summary Following an injunction issued in one state court prohibiting a former employee from testifying as a witness, Baker (Plaintiff) subpoenaed the same former employee to appear as a witness in another state in litigation against the same employer, General Motors Corporation (Defendant). Synopsis of Rule of Law Orders commanding action or ...
Van De Sande v. Van De Sande
CitationVan De Sande v. Van De Sande, 431 F.3d 567, 2005 U.S. App. LEXIS 26639 (7th Cir. Ill. Dec. 7, 2005) Brief Fact Summary Jennifer Van De Sande (Defendant) had lived in Belgium with her abusive husband and refused to return there, keeping her children with her in the United States. Davy Van De Sande (Plaintiff) sought to have the children returned under the Hague Convention’s provisions against child abductions. A federal district court granted summary judgment for Plaintiff. Synopsis of Rule of Law A court in a nation where an abused parent abducted her ...
Semtek International Inc. v. Lockheed Martin Corp.
CitationSemtek Int’l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 121 S. Ct. 1021, 149 L. Ed. 2d 32, 2001 U.S. LEXIS 1951, 69 U.S.L.W. 4147, 2001 Cal. Daily Op. Service 1569, 2001 Colo. J. C.A.R. 1046, 14 Fla. L. Weekly Fed. S 109 (U.S. Feb. 27, 2001) Brief Fact Summary Following a federal district court’s dismissal of a breach of contract complaint under California’s two-year statute of limitations, Semtek International Inc. (Plaintiff) filed the same action in Maryland, which has a longer statute of limitations, but the court dismissed the case on grounds of res judicata. ...
Osborn v. Bank of the United States
CitationOsborn v. President, Directors & Co. of Bank, 22 U.S. 738, 6 L. Ed. 204, 1824 U.S. LEXIS 409, 9 Wheat. 738 (U.S. Mar. 19, 1824) Brief Fact Summary Osborn (Defendant) argued that the federal judiciary lacked jurisdiction to hear a case involving the Bank of the United States (Plaintiff). Synopsis of Rule of Law The federal judiciary has jurisdiction coextensive with that of Congress. ...
Klaxon Co. v. Stentor Elec. Mfg. Co.
CitationKlaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 61 S. Ct. 1020, 85 L. Ed. 1477, 1941 U.S. LEXIS 1298, 49 U.S.P.Q. (BNA) 515 (U.S. June 2, 1941) Brief Fact Summary Stentor Elec. Mfg. Co. (Plaintiff) received judgment for breach of contract based on Klaxon’s (Defendant) failure to manufacture and sell particular goods. Defendant appeals that part of the order allowing interest on the damages from when the suit was filed. Synopsis of Rule of Law Federal district courts are required to apply the conflict of law rules of the state where the court sits when deciding ...
Guaranty Trust Co. of New York v. York
CitationGuaranty Trust Co. v. York, 326 U.S. 99, 65 S. Ct. 1464, 89 L. Ed. 2079, 1945 U.S. LEXIS 2665, 160 A.L.R. 1231 (U.S. June 18, 1945) Brief Fact Summary York (Plaintiff) brought a class action suit against Guaranty Trust Co. (Defendant) in federal court on diversity jurisdiction. The action was barred in the state courts by the statute of limitations and summary judgment was granted to Defendant on that basis. Synopsis of Rule of Law In all cases where a federal court is exercising diversity jurisdiction, the outcome of the case should be greatly the same, so far as legal ...
Grable & Sons Metal Products, Inc., Petitioner v. Darue Engineering & Manufacturing
CitationGrable & Sons Metal Prods. v. Darue Eng’g & Mfg., 2005 U.S. LEXIS 2965, 544 U.S. 960, 125 S. Ct. 1729, 161 L. Ed. 2d 601, 73 U.S.L.W. 3593 (U.S. Apr. 4, 2005) Brief Fact Summary The Internal Revenue Service (IRS) seized land owned by Grable (Plaintiff) to satisfy a delinquent federal tax. Darue (Defendant) acquired a quitclaim deed to the property at a federal tax sale. Plaintiff brought suit claiming it did not receive proper notice of the seizure. Synopsis of Rule of Law In cases where a federal cause of action is lacking, federal quest ...
Clearfield Trust Co. v. United States
CitationClearfield Trust Co. v. United States, 318 U.S. 363, 63 S. Ct. 573, 87 L. Ed. 838, 1943 U.S. LEXIS 1298 (U.S. Mar. 1, 1943) Brief Fact Summary The Government (Plaintiff) sought reimbursement on a check it issued to Barner, who never received it, but was endorsed through forgery and honored by Clearfield Trust Co. (Defendant). Synopsis of Rule of Law Federal law, and not local law, governs the rights and duties of the United States regarding commercial paper that it issues. ...
Byrd v. Blue Ridge Rural Elec. Coop., Inc.
CitationBYRD v. BLUE RIDGE RURAL ELEC. COOP., 356 U.S. 525, 78 S. Ct. 893, 2 L. Ed. 2d 953, 1958 U.S. LEXIS 1029 (U.S. May 19, 1958) Brief Fact Summary An injured employee of subcontractor sued the prime contractor in federal court on diversity jurisdiction. The prime contractor asserted a defense that it claimed was to be ruled on by the judge, instead of a jury, according to controlling state law. A jury decided against the contractor on the defense asserted. Synopsis of Rule of Law A federal court sitting in diversity jurisdiction is obligated to enforce the subs ...
Bank of America v. Parnell
CitationBank of Am. Nat’l Trust & Sav. Ass’n v. Parnell, 352 U.S. 29, 77 S. Ct. 119, 1 L. Ed. 2d 93, 1956 U.S. LEXIS 198 (U.S. Nov. 13, 1956) Brief Fact Summary Parnell (Defendant) and others converted 73 corporate bonds stolen from Bank of America (Plaintiff). Synopsis of Rule of Law Federal courts are required to apply federal common law (as created to effect statutory patterns enacted by Congress) to determine the immediate interests of the federal government where it is involved in a transaction, but where the transaction involved is basically a private one between privat ...