Citation936 F.2d 692, 1991 U.S. App. 19 U.S.P.Q.2D (BNA) 1299; Copy. L. Rep. (CCH) P26,756 Brief Fact Summary. D breached an exclusive licensing agreement with P when D shipped a book to retail outlets prior to the agreed upon date. Synopsis of Rule of Law. Damages for breach of contract are calculated by the actual loss sustained and uncertainties are generally resolved against the wrongdoer. ...
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Dred Scott v. Sandford
Citation60 U.S. 393, 15 L. Ed. 691, 1856 U.S. 19 HOW 393. Brief Fact Summary. A slave sought his freedom under the Missouri Compromise. Synopsis of Rule of Law. Slaves are not citizens under the United States Constitution. ...
United States v. Sioux Nations of Indians
Citation448 U.S. 371,100 S. Ct. 2716, 65 L. Ed. 2d 844,1980 U.S. Brief Fact Summary. Congress took away the land of the Sioux, which had previously been given to them in perpetuity. Synopsis of Rule of Law. The 1877 Act constituted a taking of tribal property, which had been set aside for the exclusive occupation of the Sioux by the Fort Laramie Treaty. That taking implied an obligation on the part of the government to provide just compensation to the Sioux Nation. ...
Acme Laundry Co., Inc. v. Secretary of Environmental Affairs
Citation410 Mass. 760, 575 N.E.2d 1086, 1991 Mass. 33 ERC (BNA) 1885. Brief Fact Summary. A corporation owned contaminated land, and the government placed a lien on the property. Synopsis of Rule of Law. The government may place a lien on property which is contaminated to ensure a prompt and efficient clean up. ...
Village of Belle Terre v. Boraas
Citation416 U.S. 1, 94 S. Ct. 1536, 39 L. Ed. 2d 797,1974 U.S. Brief Fact Summary. A zoning ordinance had a narrow definition of family, which prevented unrelated college students from living together. Synopsis of Rule of Law. A zoning ordinance, which excludes more than two unrelated people from living together does not violate the United States Constitution. ...
Stonebraker v. Zinn
Citation169 W. Va. 259, 286 S.E.2d 911, 1982 W. Va. Brief Fact Summary. After a couple stopped making mortgage payments, the seller enforced a liquidated damages clause. Synopsis of Rule of Law. A clause for damages is only a penalty when the amount is grossly disproportional in comparison to the damages actually incurred. ...
Sebastian v. Floyd
Citation585 S.W.2d 381,1979 Ky. Brief Fact Summary. Two parties entered into an installment sale contract with a forfeiture clause Synopsis of Rule of Law. Buyers in installment land contract, if they go into default, have the right to redeem their property by paying the debt, interest, and expenses incurred by the creditor due to default. ...
McCoy v. Love
Citation300 F.3d 1361,2002 U.S. App. Brief Fact Summary. An uneducated woman signed a deed in which she unknowingly gave away a large portion of land, which had been against her wishes. Synopsis of Rule of Law. Deeds obtained through fraud are voidable by the true owner. ...
Hickey v. Green
Citation264 F.3d 344,2001 U.S. App Brief Fact Summary. A couple sold their house when relying on another person’s oral promise to sell them land. Synopsis of Rule of Law. An oral contract for the sale of land is enforceable if it is established that the party reasonably relied on the contract and changed his position so that injustice can only be avoided by specific performance of the contract. ...
Slavin v. Rent Control Board of Brookline
Citation406 Mass. 458,548 N.E.2d 1226, 1990 Mass. Brief Fact Summary. A residential lease prohibited the assignment and sublease of property without the written consent of the landlord. A tenant allowed someone to live on the property without the landlord’s consent. Synopsis of Rule of Law. In a residential lease, a lease provision requiring the landlord’s consent to an assignment or sublease permits the landlord to refuse arbitrarily or unreasonably. ...
The College Block v. Atlantic Richfield Co
Citation206 Cal. App. 3d 1376, 254 Cal. Rptr. 179, 1988 Cal. App. Brief Fact Summary. A lease did not fix the amount of rent to be paid each month, but instead determined it to be based on a percent of deliveries. The lessee stopped operating before the lease ended, and so only paid a minimal amount of rent. Synopsis of Rule of Law. A covenant of continued operation in good faith will be implied into commercial leases containing percentage rental provisions if the minimum rent is not substantial. ...
Pacific Gamble Robinson Co. v. Lapp
Citation95 Wn.2d 341,622 P.2d 850, 1980 Wash. Brief Fact Summary. A man conducted business and married in one state. The couple moved to another state, and his creditor is looking to collect from both their properties. Synopsis of Rule of Law. When a person incurs a debt and then moves to another state with different rules on marital property, the state where the debt was incurred will apply, if the parties believed at the time the transaction was entered into that that law would apply. ...
O’Buck v. Cottonwood Village Condominium Association, Inc
Citation750 P.2d 813, 1988 Alas. Brief Fact Summary. A couple bought a condominium unit, which was pre-wired for a central television antenna and an antenna-based cable system. After a maintenance problem, the condominium board adopted a rule prohibiting the mounting of television antennae. Synopsis of Rule of Law. A condominium association can adopt a reasonable rule that would improve the appearance of the building and enhance its marketability, even if a unit owner objects because of a small financial burden placed on the owner. ...
Riste v. Eastern Washington Bible Camp, Inc
Citation25 Wn. App. 299, 605 P.2d 1294, 1980 Wash. App. Brief Fact Summary. A bible camp attempted to limit the people who buy their property to those who subscribe to the tenets of their church. Synopsis of Rule of Law. When a grantor transfers land in fee simple to the grantee, the grantor cannot prohibit the grantee from conveying land to another. Any clause in the deed which gives grantor the right to approve subsequent purchasers will be void. ...
Green v. Lupo
Citation32 Wn. App. 318, 647 P.2d 51, 1982 Wash. App. Brief Fact Summary. A couple sold a portion of their land and obtained a promise of an easement over a part of it. The other couple refused to formally grant the easement as promised. Synopsis of Rule of Law. When the benefit runs with the land, it is attached to that particular parcel of land and is called an appurtenant easement. ...
Dale v. Boy Scouts of America
Citation530 U.S. 640, 120 S. Ct. 2446, 147 L. Ed. 2d 554, 2000 U.S. Brief Fact Summary. The Boy Scouts revoked the membership of an openly gay Scout leader, claiming it was expressive association. Synopsis of Rule of Law. Under the First Amendment’s freedom of expressive association, a group does not need to accept members whose presence impedes their ability to advocate their viewpoint. ...
Lloyd Corp., Ltd. v. Tanner
Citation407 U.S. 551, 92 S. Ct. 2219, 33 L. Ed. 2d 131, 1972 U.S. Brief Fact Summary. Demonstrators against the war were asked to leave a shopping center after they distributed handbills in the mall. The demonstrators claimed this violated their First Amendment rights. Synopsis of Rule of Law. There is no First Amendment right of access in a privately owned and operated shopping center if the speech in question is not related to the activities of the shopping center. ...
Pierson v. Post
Citation3 Cai. R. 175, 1805 N.Y. View this case and other resources at: ...
Moore v. Regents of the University of California
Citation229 F.3d 831, 84 FEP Cases 129 (9th Cir. 2000) Brief Fact Summary. A leukemia patient agreed to have his spleen removed during the course of his treatment. The Medical Center used his spleen for research, which turned out to be very profitable. The patient claimed a property interest in his spleen. Synopsis of Rule of Law. A person does not retain a property interest in his bodily tissue once it is removed from his body. ...
Village of Belle Terre v. Borras
Citation416 U.S. 1, 94 S. Ct. 1536, 39 L. Ed. 2d 797, 1974 U.S. Brief Fact Summary. Village restricted land use to one-family dwellings and prohibited lodging, boarding, apartment, fraternity or any multi-family use. Ordinance defined family as only those related by blood, adoption or marriage or no more than 2 unrelated persons. Six unrelated university students living together challenged the ordinance. Synopsis of Rule of Law. Regulation of household composition was permissible under the police power which encompasses health, safety and welfare and my strive to lay out “zones of f ...
Nahrstedt v. Lakeside Village Condominium Assoc., Inc.
Citation8 Cal. 4th 361, 878 P.2d 1275, 33 Cal. Rptr. 2d 63, 1994 Cal. Brief Fact Summary. The Plaintiff, Natore Nahrstedt (Plaintiff), a homeowner sued the Defendant, Lakeside Village Condominium Assoc., Inc. (Defendant) to prevent enforcement of a restriction against keeping cats, dogs or other animals in the development. Owner felt cat was noiseless and created no nuisance interfering with others’ enjoyment of property. Synopsis of Rule of Law. Agreed-to use restrictions will be enforced unless it is shown that they are unreasonable. ...
Brown v. Voss
Citation105 Wn.2d 366, 715 P.2d 514, 1986 Wash. Brief Fact Summary. The Browns (Plaintiffs) brought an action to remove obstructions placed on a private road access to their properties parcel B and parcel C. The Voss family (Defendants) owned the servient estate, parcel A on which there was private road easement to access the dominant estate, parcel B. Defendants sought to prevent Plaintiffs use of that easement because the road was being used to access a third piece of property, parcel C, that was not part of the dominant estate. Synopsis of Rule of Law. Based on the equ ...
Waldorff Insurance and Bonding, Inc. v. Eglin National Bank
Citation453 So. 2d 1383, 1984 Fla. App. Brief Fact Summary. The Defendant, Waldorff Insurance and Bonding (Defendant), took physical possession of a condominium unit it had contracted to purchase. Subsequent to this physical possession, the owner of the condominium complex mortgaged Defendant’s unit to the Plaintiff, Eglin National Bank (Plaintiff). Plaintiff sued to foreclose on Defendant’s unit. Synopsis of Rule of Law. Physical possession is constructive notice to all the world and anyone having knowledge of said possession. When possession is open, visible and exclusive, it ...
Bean v. Walker
Citation95 A.D.2d 70, 464 N.Y.S.2d 895, 1983 N.Y. App. Div. Brief Fact Summary. The Plaintiffs entered into a land purchase agreement with the Defendants for sale of property to be paid in monthly installments to the Plaintiffs. Defendants defaulted and Plaintiffs sued for possession. Synopsis of Rule of Law. Upon execution of a contract for the sale of land, the vendor holds legal title in trust for the vendee and the vendee for all practical purposes is the owner of the property subject only to the terms of the contract. ...
Rockafellor v. Gray
Citation194 Iowa 1280, 191 N.W. 107, 1922 Iowa Sup. Brief Fact Summary. The Plaintiff, Gray (Plaintiff), sued to void a foreclosure sale on property he purchased. The Defendants, Hansen and Gregerson (Defendants), claim was brought on appeal to determine if a grantee who paid for the land from the foreclosure sale purchaser, could recover damages from him. Synopsis of Rule of Law. The covenant of seisin runs with the land and an action based on this covenant can be maintained by a remote grantee. ...