CitationCahoon v. Cummings, 734 N.E.2d 535, 2000 Ind. LEXIS 710 (Ind. Sept. 1, 2000). Brief Fact Summary. William Cummings suffered of feelings of heartburn. Dr. Kohne met with him in December 1991 and took X-rays, which Dr. Cahoon then examined. Cahoon gave a diagnosis of hiatal hernia and reflux esophagitis and informed Cummings that due to his weight surgery was not an option. Cummings lost weight and in July 1992 went back to Cahoon who directed him to the V.A. hospital due to issues with Cummings’ insurance. Before going to the V.A. Cummings went to the E.R. in Indiana due to a & ...
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Welge v. Planters Lifesavers Co.
CitationWelge v. Planters Lifesavers Co., 17 F.3d 209, 1994 U.S. App. LEXIS 3081, CCH Prod. Liab. Rep. P13,784 (7th Cir. Ill. Feb. 22, 1994) Brief Fact Summary. A glass jar of Planters peanuts shattered in Plaintiff’s had while he was trying to open it. Plaintiff sued Defendants for recovery for his injuries. The trial court granted defendants summary judgment. Plaintiff appealed. Synopsis of Rule of Law. Under strict products liability, a seller is responsible for the consequences of selling a defective product even if the defect was introduced by a previous party in the manufacturing ...
Aluminum Company of America v. Essex Group, Inc
Citation499 F.Supp. 53 (1980) Brief Fact Summary. Plaintiff agreed to supply Essex with aluminum over a long period of time. A portion of the price for the aluminum factored in the Wholesale Price Index, which could possibly make the price increase too excessively. After the price increased too excessively, Plaintiff sought to reform the contract. Synopsis of Rule of Law. Contracting parties may reform the terms of a contract when performance under the original terms becomes impracticable. ...
Ardente v. Horan
Citation366 A.2d 162 (1976) Brief Fact Summary. Defendants offered to sell their property to Plaintiff, who agreed to buy the house requesting that certain furniture and fixtures come with the property. Defendants refused to sell their furniture and fixtures, and returned the unsigned agreement as well as Plaintiff’s deposit. Plaintiff sued for specific performance. Synopsis of Rule of Law. A valid contract is formed when acceptance of an offer is definite and unequivocal and does not impose additional conditions on the offer. Conditional acceptances shall be construed as counteroffer ...
B & B Equipment Co. v. Bowen
Citation581 S.W.2d 80 (1979) Brief Fact Summary. Partners of a company entered into a contract with Defendant to replace another partner who was retiring. Defendant was required to purchase a certain amount of stock to become partner. Since Defendant did not have all the funds, the partners allowed him to get a promissory note for the rest of the stock amount. After Defendant proved to be unsatisfactory in his job duties as a partner, the partners discharged him. Synopsis of Rule of Law. If a contracting party materially breaches a contract, the other contracting party may rescind th ...
Brown v. Oliver
Citation256 P. 1008 (1927) Brief Fact Summary. Plaintiff and Defendant entered into a contract for the purchase of Defendant’s land. The contract made no mention of the personal property within a hotel that was leased and used by a third party. After entering into their contract, Defendant assigned himself the lease to the hotel and took the personal property for himself. Plaintiff sued Defendant for the personal property. Synopsis of Rule of Law. For a partially integrated contract, parol evidence may be considered to determine whether the parties intended for a disputed issue that i ...
Bush v. Canfield
Citation2 Conn. 485 (1818) Brief Fact Summary. Defendant and Plaintiff entered into a delivery contract in which Defendant agreed to delivery flour to Plaintiff on a specified date. Plaintiff paid Defendant a cash advance. Defendant failed to deliver the flour. The parties disputed the proper measure of damages. Synopsis of Rule of Law. When a non-breaching party pays an advance under a delivery contract, the price of goods at the time of delivery is not the proper measure of damages; instead, a refund of the advance is the proper measure of damages. ...
Dairy Queen, Inc. v. Wood
Citation369 U.S. 469 (1962) Brief Fact Summary. Plaintiff and Defendant entered into a licensing contract in which Defendant breached. Plaintiff’s complaint asserted language that did not directly ask for money damages. Synopsis of Rule of Law. A claim that is traditionally brought as a legal issue for money damages that has incidental equitable issues will not lose the right to a jury trial simply because of the wording in a complaint. ...
Flores v. Southern Peru Copper Corp.
Citation203 F.R.D. 92 (S.D.N.Y. 2001) Brief Fact Summary. Plaintiff sued Defendant in federal court for causing harm to the environment for over 40 years. The federal rules require initial disclosures before discovery. Plaintiff refused to waive Defendant’s requirement of a making a certain disclosure. Defendant objected, claiming that the court should rule on its dispositive motion before forcing Defendant to make such a disclosure. Synopsis of Rule of Law. A federal court has the discretion to delay the required initial disclosures of the parties. ...
Carter v. Kinney
CitationCarter v. Kinney, 896 S.W.2d 926, 1995 Mo. LEXIS 40 (Mo. Apr. 25, 1995) Brief Fact Summary. After Carter (Plaintiff) slipped on ice in Mr. and Mrs. Kinney’s (Defendants) driveway, he sued claiming that he was an invitee and thus Defendants had a duty to protect him from known dangers and those that could be determined by a reasonable inspection. Synopsis of Rule of Law. A social guest is a licensee, and so a homeowner does not owe him the same duty of care as an invitee, but must only protect him from known hazards. ...
Falzone v. Busch
CitationFalzone v. Busch, 214 A.2d 12, 45 N.J. 559, 1965 N.J. LEXIS 199 (N.J. 1965) Brief Fact Summary. Falzone (Plaintiff) sued Busch (Defendant) for negligent infliction of emotional distress after his negligent actions which injured her husband caused her to fear for her own physical safety. Synopsis of Rule of Law. A fright resulting from a defendant’s tortious conduct may lead to physical injury for which the plaintiff can recover. ...
United States v. Windsor
Citation133 S.Ct. 2675 (2013) Brief Fact Summary. Windsor (Plaintiff) sued to recover the tax payment she paid after inheriting her same-sex spouse’s estate and being denied the estate tax exemption for surviving spouses because the Defense of Marriage Act defines “marriage” and “spouse” to exclude same-sex couples. Synopsis of Rule of Law. Section 3 of the Defense of Marriage Act’s definitions of “marriage” and “spouse” that excludes same-sex couples violates the Fifth Amendment’s Equal Protection Clause. ...
LAN/STV v. Martin K. Eby Construction Co., Inc.
CitationLAN/STV v. Martin K. Eby Constr. Co., 435 S.W.3d 234, 2014 Tex. LEXIS 509, 57 Tex. Sup. J. 816, 2014 WL 2789097 (Tex. June 20, 2014) Brief Fact Summary. DART had a contract with LAN/STV (Defendant) to design a light rail system and had a contract with Martin K. Eby Construction Co., Inc. (Plaintiff) to build it. When design flaws caused economic loss to Plaintiff, it brought an action in negligent misrepresentation against Defendant. Synopsis of Rule of Law. A contractor on a construction project is barred by the economic loss rule from recovering from the project architect for pu ...
Sutcliffe Storage & Warehouse Co. v. United States
Citation162 F.2d 849 (1st Cir. 1947). Brief Fact Summary. Sutcliffe Storage & Warehouse Co. (Plaintiff) broke up its claim against the United States (Defendant) into four separate actions in order to keep each action under the district court’s $10,000 jurisdictional cap. Synopsis of Rule of Law. Separate actions filed over the terms of the same lease must be consolidated into one action even where the consolidated action will exceed the jurisdictional limit of the district court. ...
Bank of Montreal v. Olafsson
Citation648 F.2d 1078 (6th Cir. 1981); cert denied 454 U.S. 1084 (1981). Brief Fact Summary. The Bank of Montreal (Plaintiff), a Canadian corporation, brought an action against Olafsson (Defendant), an Icelandic citizen in federal district court. The court entered a default judgment, but later vacated that judgment for lack of diversity jurisdiction. Synopsis of Rule of Law. An appellate court will review a trial court’s vacation of a judgment under Federal Rule of Civil Procedure 60(b) using an abuse of discretion standard. ...
Taylor v. Johnston
Citation539 P.2d 425 (Cal. 1975). Brief Fact Summary. Taylor (Plaintiff) formed a contract with the Johnstons (Defendants) to breed Plaintiff’s two mares with Defendants’ stallion. Defendants sold the stallion and arranged for it to breed with several other mares. Due to the difficulty in scheduling, Plaintiff’s mares did not breed with Defendants’ stallion, but were bred with another stallion instead. Plaintiff sued for breach of contract and damages, and Defendants countersued for stud fees. Synopsis of Rule of Law. An anticipatory breach of a contract occu ...
Sullivan v. Porter
Citation861 A.2d 625 (Me. 2004). Brief Fact Summary. Porter (Defendant) orally agreed to sell his property to Sullivan (Plaintiff) and then tried to change the terms after Plaintiff had renovated the property and started a business from the property. Plaintiff sued to enforce the oral agreement. Synopsis of Rule of Law. 1) An oral agreement for the sale of real property falls outside of the statute of frauds when all of the elements of a contract exist, the party seeking to enforce the contract has partially performed, and the partial performance was induced by the other parties’ mis ...
Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc.
Citation468 F.3d 523 (8th Cir. 2006). Brief Fact Summary. Suburban Leisure Center, Inc. (Plaintiff) entered into an oral franchise agreement with AMF Bowling Products, Inc. (Defendant) to promote and sell AMF products in its stores. Later, the parties entered into a written e-commerce agreement that included a merger clause and an arbitration clause. When Defendant told Plaintiff to stop selling and promoting its products, Plaintiff sued and Defendant claimed that the merger clause in the e-commerce agreement subsumed the oral franchise contract, requiring that disputes over the franchise ag ...
Homami v. Iranzadi
Citation211 Cal. App. 3d 1104 (Cal. Ct. App. 1989). Brief Fact Summary. Homami (Plaintiff) sued his brother-in-law, Iranzadi (Defendant) over an unpaid debt and testified that almost $40,000 of the money he had received had not been principal payments, but interest payments the two had agreed not to report to tax authorities. Synopsis of Rule of Law. A contract created with an illegal intent is void as against public policy. ...
First Hawaiian Bank v. Zukerkorn
Citation2 Haw. App. 383 (Hawaii Ct. App. 1981). Brief Fact Summary. Zukerkorn (Defendant) owed two debts to First Hawaiian Bank (Plaintiff). Collection on these debts was barred by the statute of limitations. Plaintiff contended that Defendant made a new promise to pay the debts when he made partial payments on the debts. Synopsis of Rule of Law. When collection on a debt is barred by the statute of limitations, the debtor has not renewed the debt as a matter of law by acknowledging the debt or making partial payments when there remains a dispute over whether the debtor made a new promise ...
Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc
Citation831 N.E.2d 875 (Mass. Sup. Jud. Ct. 2005). Brief Fact Summary. Dynamic Machine Works, Inc. (Plaintiff) ordered a lathe from Machine & Electrical Consultants, Inc. (Defendant) to be delivered by a certain date. The parties extended the delivery date once, and Plaintiff then extended it again in writing. The day after this second extension, Plaintiff revoked the extension. Synopsis of Rule of Law. 1) Under the Uniform Commercial Code, a buyer may not retract a written extension that allows the seller to cure defects in a delivered product even when the seller has not relied upon ...
DTE Energy Technologies, Inc. v. Briggs Electric, Inc.
Citation2007 WL 674321 (E.D. Mich. 2007). Brief Fact Summary. DTE Energy Technologies, Inc. (Plaintiff) sold generators to Briggs Electric, Inc. (Defendant). After Defendant placed the order and Plaintiff acknowledged it, Plaintiff sent Defendant its Standard Terms and Conditions for Sale that included a forum-selection clause. Disputes over the contract arose and Plaintiff sought to hold Defendant to the forum-selection clause. Synopsis of Rule of Law. The Uniform Commercial Code (U.C.C.) does not provide for the enforcement of a forum-selection clause when the clause is contained in fine ...
Dixon v. Wells Fargo Bank, N.A
Citation798 F. Supp. 2d 336 (D. Mass. 2011). Brief Fact Summary. The Dixons (Plaintiffs) had a mortgage held by Wells Fargo Bank, N.A. (Defendant). Defendant orally agreed to consider Plaintiffs for a loan modification. In order to proceed with the modification, Defendant advised Plaintiffs to stop making payments on the loan. Defendant then sought to foreclose and Plaintiff sued arguing for promissory estoppel. Synopsis of Rule of Law. When a mortgagor, relying on an oral promise from the mortgagee to consider him for a loan modification, takes steps that make the mortgagor worse off, th ...