Citation22 Ill.238 F.2d 636 (9th Cir. 1956) Brief Fact Summary. After Defendant acquired a mineral lease to Plaintiff’s property, it began making extensive use of both that property and adjacent lands also owned by Plaintiff. To recover for his property damages, Plaintiff gave Defendant a license to use the land, which incorporated a daily fee for use. Defendant ignored the license contending that it was not a term of its mineral lease, and that it did not accept it as a new agreement. Plaintiff brought suit for enforcement of the license. Synopsis of Rule of Law. In this case, the c ...
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Harrington v. Taylor
Citation39 Fed. Appx. 613 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. ...
Ventura v. Titan Sports, Inc
Citation22 Ill.65 F.3d 725 (8th Cir. 1995) Brief Fact Summary. A professional wrestler and commentator entered into an oral contract that was silent on the subject of royalties and then entered into a second contract where he was fraudulently mislead regarding the subject of royalties. Synopsis of Rule of Law. Quantum meruit is available in cases where there is an existing contract if the contract is silent regarding the benefit for which recovery is sought or when one is fraudulently induced into entering into the express contract. ...
Walser v. Toyota Motor Sales, U.S.A., Inc
Citation22 Ill.43 F.3d 396 (8th Cir. 1994) Brief Fact Summary. A car dealer was mistakenly told that he was approved to be a Lexus dealer and in reliance on this promise, his father bought property for the new dealership. Synopsis of Rule of Law. Damages from a promissory estoppel claim may properly be limited to out-of-pocket expenses. ...
Jetz Serv. Co. v. Salina Properties
Citation22 Ill.19 Kan. App. 2d 144, 865 P.2d 1051 (Ct. App. 1993) Brief Fact Summary. A property company breached a contract with a lost volume supplier of coin-operated laundry equipment. Synopsis of Rule of Law. The duty to mitigate damages does not apply to lost volume sellers. ...
American Standard, Inc. v. Schectman
Citation80 A.D.2d 318, 439 N.Y.S.2d 529 (App Div, 4th Dept 1981) Brief Fact Summary. A demolition and excavating contractor agreed to perform certain duties and then failed to perform them as specified in the contract. Synopsis of Rule of Law. Where a breach of contract is not incidental to the main purpose of the contract and the contract was not completed, the proper measure of damages is the cost of completion. ...
Fitzroy v. Cave
Citation2 K.B. 364. Brief Fact Summary. Defendant completed five transactions in Ireland. The five creditors assigned their accounts to Plaintiff. Plaintiff wishes to sue Defendant in bankruptcy and remove him from his position as director and general manager of a company Plaintiff has interest in. Synopsis of Rule of Law. The right to receive monies under a contract is similar to property; it can be given away or assigned. ...
Laclede Gas Co. v. Amoco Oil Co
Citation22 Ill.522 F.2d 33 (8th Cir. 1975) 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 express, so that the court can determine what specific performance should be ...
American Standard, Inc. v. Schectman
Citation80 A.D.2d 318, 439 N.Y.S.2d 529 (App Div, 4th Dept 1981) Brief Fact Summary. Plaintiffs owned a piece of property that had been a pig iron manufacturing plant. Plaintiffs agreed to convey the building structures and most of the equipment on the property to Defendant for $275,000.00. Defendant promised to remove the equipment, demolish the structures, and grade the property. Synopsis of Rule of Law. When Defendant’s nonperformance is the substantial purpose of the contract and Defendant did not substantially perform, damages shall be the cost of Defendant’s performance. ...
Inchaustegui v. 666 5th Avenue Limited Partnership
Citation22 Ill.96 N.Y.2d 111, 725 N.Y.S.2d 627, 749 N.E.2d 196 Brief Fact Summary. Defendant, sub tenant, breached his rental contract with Plaintiff, landlord, to obtain public liability insurance that named Plaintiff as an additional insured. Defendant sued Plaintiff when he was injured on the premise. Plaintiff filed a counterclaim. Synopsis of Rule of Law. In a case where one fails in one’s contractual obligation to obtain liability insurance, one is responsible to other party for any expenses they might incur because of that failure. ...
Locks v. Wade
View this case and other resources at: Citation. 1996 U.S. App. Brief Fact Summary. Plaintiff and Defendant entered into a contract in which Plaintiff would rent Defendant a jukebox for two years. Defendant repudiated the contract and Plaintiff never installed the jukebox. Synopsis of Rule of Law. Where there is a breach of contract to lease a piece of personal proper, supply of which is readily available, the damages should be the profits the lesser, which would have been made on the contract even if lesser is able to lease the property to someone else for the same price. ...
Paradine v. Jane
Citation82 Eng.Rep. 897 (1647). Brief Fact Summary. Paradine (Plaintiff) sued Jane (Defendant) for unpaid rent for three years. Defendant defends his liability on the basis of frustration of purpose. Synopsis of Rule of Law. When a party, by his own contract, creates a duty upon himself, he is bound to make it good notwithstanding any accident that he could have provided against in the contract. ...
Palmer v. Fox
Citation274 Mich. 252, 264 N.W. 361, 1936 Mich. 752,104 A.L.R. 1057 Brief Fact Summary. Grace H. Palmer (Plaintiff) sued Fox (Defendant) to recover the unpaid balance due on a contract for the sale of land. Synopsis of Rule of Law. Covenants to make improvements are dependent if the contract does not show that the covenants are independent and the time stipulated for the performance was concurrent. ...
Market Street Associates Limited Partnership v. Frey
CitationMarket Street Assocs. Ltd. Partnership v. Frey, 941 F.2d 588, 1991 U.S. App. LEXIS 20025 (7th Cir. Wis. Aug. 27, 1991) Brief Fact Summary. Market Street Associates Limited Partnership (Plaintiff), lessee, brought an action against Dale Frey (Defendant), lessor, alleging breach of lease. Plaintiff appealed from a judgment of the district court granting summary judgment for the Defendant. Synopsis of Rule of Law. There is a duty of good faith implied in every contract, which states that there is an implied undertaking by the parties not to take advantage in way that could not have be ...
Billman v. Hensel
CitationBillman v. Hensel, 391 N.E.2d 671, 181 Ind. App. 272, 1979 Ind. App. LEXIS 1234 (Ind. Ct. App. 1979) Brief Fact Summary. Sellers (Plaintiffs) brought this suit against the Hensels (Defendants) to secure $1,000.00 earnest money deposit required by the contract. Defendants appeal from a judgment entered in favor of the Plaintiffs. Synopsis of Rule of Law. Financing clauses in contracts impose on buyers an implied obligation to make a reasonable and good faith effort to satisfy the conditions. ...
Stockton v. Sowerwine
CitationStockton v. Sowerwine, 690 P.2d 1202, 1984 Wyo. LEXIS 347 (Wyo. Nov. 21, 1984) Brief Fact Summary. E.O. Sowerwine, III (Plaintiff), an assignee of an option to purchase certain real estate, brought an action alleging that Mark L. Stockton (Defendant), grantee of deed, wrongfully prevented him from exercising the option. Defendant appeals from decision of the district court holding that Defendant exhibited bad faith in preventing Plaintiff from exercising the option and ordered specific performance on the contract. Synopsis of Rule of Law. A party may not free himself from liability ...
Patterson v. Meyerhofer
CitationPatterson v. Meyerhofer, 204 N.Y. 96, 97 N.E. 472, 1912 N.Y. LEXIS 747 (N.Y. 1912) Brief Fact Summary. Patterson (Plaintiff) and Meyerhofer (Defendant) entered into a contract in which Plaintiff agreed to sell and the Defendant agreed to buy four parcels of land. Plaintiff appeals from a judgment of the Special Term and Appellate Division holding that the parties were free to act on their own interests. Synopsis of Rule of Law. In every contract, there is an implied undertaking on each party that they will not intentionally and purposely do anything to prevent the other party from ...
Centronics Corporation v. Genicom Corporation
CitationCentronics Corp. v. Genicom Corp., 132 N.H. 133, 562 A.2d 187, 1989 N.H. LEXIS 77 (N.H. Aug. 16, 1989) Brief Fact Summary. Centronics Corporation (Plaintiff) sued Genicom Corporation (Defendant) for breach of an implied covenant of good faith. Plaintiff appealed from a judgment granting summary judgment for the Defendant. Synopsis of Rule of Law. Under an agreement that appears to invest one party with a degree of discretion in performance sufficient to deprive another party of a substantial proportion of the agreement’s value, the parties’ intend to be bound by an enfo ...
Pacific Gas and Electric Co. v. G.W. Thomas Drayage & Rigging Co
CitationPacific Gas & E. Co. v. G. W. Thomas Drayage etc. Co., 442 P.2d 641, 69 Cal. 2d 33, 69 Cal. Rptr. 561, 1968 Cal. LEXIS 225, 40 A.L.R.3d 1373 (Cal. 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. ...
Masterson v. Sine
CitationMasterson v. Sine, 436 P.2d 561, 68 Cal. 2d 222, 65 Cal. Rptr. 545, 1968 Cal. LEXIS 157 (Cal. 1968) Brief Fact Summary. Dallas Masterson and his wife (Plaintiffs) brought an action for declaratory relief to establish their right to enforce a contract option against Medora and Lu Sine (Defendants). Defendants appeal from a judgment in favor of the Plaintiffs. Synopsis of Rule of Law. When only part of an agreement is integrated parol evidence may be used to prove elements of the agreement not in the writing. ...
Watts v. Watts
Citation22 Ill.137 Wis. 2d 506, 405 N.W.2d 303 (1987) Brief Fact Summary. This case involves a dispute between Sue Ann Evans Watt (Plaintiff) and James Watts (Defendant) over their interests in property. The circuit court dismissed Plaintiff’s amended complaint for failure to state a claim upon which relief can be granted. Plaintiff appealed. Synopsis of Rule of Law. Public policy does not preclude an unmarried cohabitant from asserting a contract claim against the other party to the cohabitation so long as the claim exists independently of the sexual relationship and is supported by ...
Hill v. Jones
Citation View this case and other resources at: Brief Fact Summary. The Plaintiffs, Warren Hill and Gloria Hill (Plaintiffs), entered into a contract for the purchase of a residence from the Defendants, Ora Jones and Barbara Jones (Defendants). After learning of a termite infestation, Plaintiffs brought suit, seeking rescission of the sale based on misrepresentation. Synopsis of Rule of Law. When a seller is aware of a material fact that could affect the value of property in its possession, a duty to disclose is imposed. ...