Citation388 Mass. 1102; 445 N.E.2d 156; 1983 Mass. Brief Fact Summary. The Plaintiffs, Mr. and Mrs. Hickey (Plaintiffs), bring an action for enforcement of an oral contract for the sale of real property. Synopsis of Rule of Law. The Statute of Frauds (SOF) requires a contract for the sale of real property to be in writing. An exception to the requirement is when a party to the oral contract partially performed in reliance on the oral contract. Part performance allows the specific enforcement of an oral contract when particular acts, such as paying part of the purchase price or making im ...
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Baker v. State
Citation170 Vt. 194, 744 A.2d 864 (1999) Brief Fact Summary. Plaintiffs are same sex couples denied marriage licenses in their respective towns. Plaintiffs sued their respective towns and the state of Vermont for declaratory relief. Synopsis of Rule of Law. Under the State Constitution “Common Benefits” clause, the state is required to offer same sex couples the same protections opposite-sex couples are afforded. ...
McAvoy v. Medina
Citation87 Am. Dec. 733 (Mass. 1866). Brief Fact Summary. Plaintiff was a customer at Defendant’s barber shop and found a pocket-book on the counter which he left with Defendant to attempt to discover the rightful owner. When the rightful owner was not found, Plaintiff demanded return of the pocket-book, which Defendant refused to give back. Synopsis of Rule of Law. When a customer leaves a pocket-book on the counter of a shop the item is not subject to the historical rules regarding lost property. ...
Pierson v. Post
Citation3 Cai. R. 175, 1805 N.Y. Brief Fact Summary. One man chased and pursued a fox, but another man killed it and carried it away. A dispute as to who had possession of the fox arose. Synopsis of Rule of Law. Mere pursuit of an animal does not give one a legal right to it. ...
White v. Western Title Insurance Co
Citation22 Ill.40 Cal.3d 870, 221 Cal.Rptr. 509, 710 P.2d 309 (1985) Brief Fact Summary. In this case, the Plaintiffs’, Brian and Helen White (Plaintiffs), predecessor in title had granted an easement deed for subsurface water rights. The Plaintiffs were unaware of the easement at the time of the sale. The Plaintiffs were issued title insurance by the Defendant, Western Title Insurance Co. (Defendant) and neither policy (there were two lots) mentioned the easement. The title insurance policy stated that it would protect the Plaintiffs against title being vested in a person other than ...
Madrid v. Spears
Citation22 Ill.250 F.2d 51 (10th Cir. 1957) Brief Fact Summary. In this case, the Plaintiff Spears (Plaintiff) brought a diversity action to cancel a deed and quiet her title to an undivided one-half interest in 320 acres of land in New Mexico, on the grounds that her name to the deed granting an interest to the Defendants, various members of the Madrid family (Defendants), was forged. The Defendants denied the forgery, but alternatively pleaded they had made valuable improvements in good faith under color of title and the Plaintiff was estopped by the doctrine of laches to assert her title ...
Petersen v. Hubschman Construction Co., Inc
Citation22 Ill.76 Ill. 2d 31, 27 Ill. Dec. 746, 389 N.E.2d 1154 (1979) Brief Fact Summary. In April 1972, the Plaintiffs Raymond Peterson (Mr. Peterson) and Delores Petersen (Plaintiffs), entered into a contract for $71,000 with the Defendant, Hubschman Construction (Defendant), for the purchase of a piece of land and to have a home constructed thereupon. The Plaintiffs paid $10,000 in earnest money and there was an offset of $9,000 for work done by Mr. Petersen. The Plaintiffs became dissatisfied with the Defendant’s performance and the Defendant agreed to repair numerous problems on ...
Osin v. Johnson
Citation22 Ill.243 F.2d 653, 100 U.S. App. D.C. 230 (D.C. Cir. 1957) Brief Fact Summary. The Appellant, Osin (Appellant), agreed to sell a parcel of land to the Appellee, Johnson (Appellee) and to that end executed and delivered a deed, taking back a note for $30,000 representing the purchase price. The Appellee fraudulently represented to the Appellant that he would prepare, execute and record a trust on the property to secure the Appellee’s purchase money note, which the Appellee failed to do. The Appellee later borrowed $11,000 against the property by executing deeds of trust on th ...
Eastwood v. Shedd
Citation22 Ill.166 Colo. 136, 442 P.2d 423 (1968) Brief Fact Summary. In this case, Cleo Alexander (Alexander) on December 2, 1958, made a gift of property to the Defendant, Shedd (Defendant), who did not record the deed until October 16, 1964. On October 15, 1963, Alexander gift deeded the same property to the Plaintiff, Eastwood (Plaintiff), who recorded her deed on October 23, 1963. The Plaintiff had no actual nor constructive knowledge of the deed to the Defendant until the deed to the Defendant was recorded a year after the Plaintiff recorded her deed. The Plaintiff brought suit agains ...
Gabel v. Drewrys Limited, U.S.A., Inc
Citation22 Ill.68 So. 2d 372 (Fla. 1953) Brief Fact Summary. In this case McCaffrey, a beer distributor indebted to Drewrys Limited, U.S.A., Inc., (Drewrys) a supplier, made a mortgage to the Appellant, Gabel (Appellant) for $2,750, which went unrecorded and then a mortgage to Drewrys in the amount of $10,000 on the same property. Synopsis of Rule of Law. If the mortgage has been taken to secure an existing debt and no new contemporaneous consideration passes, either of benefit to the mortgagor, or to the detriment of the mortgagee, then the mortgagee does not become a purchaser. ...
Tristam’s Landing, Inc. v. Wait
Citation22 Ill.367 Mass. 622, 327 N.E.2d 727 (1975) Brief Fact Summary. A real estate broker sought to recover a commission for a sale of real estate, which the sale was not consummated. Synopsis of Rule of Law. The general rule regarding whether a broker is entitled to a commission from one attempting to sell real estate is that, absent special circumstances, the broker is entitled to a commission if he produces a customer who is ready, willing and able to consummate the deal under the terms and price given the broker by the owner. ...
Sanford v. Breidenbach
Citation22 Ill.111 Ohio App. 474, 173 N.E.2d 702 (Ct. App. 1960) Brief Fact Summary. Sanford agreed to sell land and a house to Breidenbach, but prior to the consummation of the transfer of legal title, the house was destroyed by fire. Synopsis of Rule of Law. The risk of loss should be on the vendor until the time agreed upon for conveyance of the legal title, and thereafter on the purchaser, unless the vendor is then in such default as to be unable specifically to enforce the contract. [4 Pomeroy’s Equity Jurisprudence (5 Ed.), Section 1161a]. ...
Clay v. Landreth
Citation22 Ill.187 Va. 169, 45 S.E.2d 875 (1948) Brief Fact Summary. In this case Landreth (Defendant) entered into a contract with Clay (Plaintiff) to purchase a lot for the purpose of building a storage unit, however the land was later rezoned for residential use only. Synopsis of Rule of Law. When something has intervened which ought to prevent it, the doctrine of equitable conversion will not be applied. It does not exist as a matter of right and is not applicable to all circumstances. ...
Cohen v. Krantz
Citation22 Ill.12 N.Y.2d 242, 238 N.Y.S.2d 928, 189 N.E.2d 473 (1963) Brief Fact Summary. Plaintiffs contracted with Defendants to purchase a home. Plaintiffs delayed the delivery date until December 15, without any indication that title could be rejected. After investigation, Plaintiff discovered that title was unmarketable. Synopsis of Rule of Law. While a vendee can recover his money paid on a contract from a vendor who defaults on law day without a showing of tender or even of willingness and ability to perform where the vendor’s title is incurably defective, a tender and demand ...
Ward v. Mattuschek
Citation22 Ill.1134 Mont. 307, 330 P.2d 971 (1958) Brief Fact Summary. The Mattusheks, two brothers, (Defendants) owned a 3540 acres ranch, which they agreed to sell by appointing an agent, Red Carnell. Carnell found a buyer, Ward (Plaintiff), who tendered a check for $2,500 toward the purchase, and arranged a meeting with the parties. At the meeting, the Plaintiff and Defendants got into a dispute, which caused the Defendants to refuse to convey. Synopsis of Rule of Law. When construing a written instrument, the Court will not isolate certain phrases of that instrument in order to garner ...
King v. Wenger
Citation22 Ill.219 Kan. 668, 549 P.2d 986 (1976) Brief Fact Summary. Plaintiff sued Defendant for specific performance based on a handwritten agreement. Synopsis of Rule of Law. The fact that the parties contemplate the execution of a formal document is evidence that they intend to not be bound until the execution of the formal contract. ...
Niernberg v. Feld
Citation22 Ill.131 Colo. 508, 283 P.2d 640 (1955) Brief Fact Summary. A husband and wife, the Niernbergs (Defendants), owned land which they agreed to sell to the Felds (Plaintiffs) under a “Receipt and Option” which provided for a $1,500 deposit. The Defendants then sold the property to another for greater than what the Plaintiffs had agreed to and thereafter refused to return the deposit. Synopsis of Rule of Law. An executory contract involving title to, or an interest in, land may be rescinded by an agreement resting in parol. The statute of frauds concerns the making of con ...
Hickey v. Green
Citation22 Ill.14 Mass. App. Ct. 671, 442 N.E.2d 37 (App. Ct. 1982) Brief Fact Summary. Green (Defendant) orally agreed to sell Plaintiffs a parcel for $15,000.00, and Plaintiffs gave a check for $500.00 as a deposit to Defendant. Then, Defendant told Plaintiffs that she no longer intended to sell her property to Plaintiffs, but that she would sell to another for $16,000.00. Plaintiffs offered to pay the same, but Defendant refused the offer. Synopsis of Rule of Law. “A contract for the transfer of an interest in land may be specifically enforced notwithstanding failure to comply ...
Shaughnessy v. Eidsmo
Citation22 Ill.222 Minn. 141, 23 N.W.2d 362 (1946) Brief Fact Summary. The Plaintiffs entered into an oral lease agreement with the Defendant for one year. The Plaintiffs contended that Defendant gave them an option to purchase at the end of the term and stated that he would give them a deed, which he refused to do. Synopsis of Rule of Law. “Where, acting under an oral contract for the transfer of an interest in land, the purchaser with the assent of the vendor takes possession thereof or retains possession thereof existing at the time of the bargain, and also pays a portion or all o ...
Moore v. City of East Cleveland
Citation22 Ill.431 U.S. 494, 97 S. Ct. 1932, 52 L. Ed. 2d 531 (1977) Brief Fact Summary. The City of East Cleveland adopted a housing ordinance, which limited the occupancy of a dwelling unit to a single family. The ordinance had an unusual definition of a family, which recognized only a few categories of related individuals. Synopsis of Rule of Law. When the government intrudes on choices concerning family living arrangements, the court will examine carefully the importance of the governmental interests advanced and the extent to which they are served by the challenged regulation. ...
Palazzolo v. Rhode Island
Citation22 Ill.533 U.S. 606, 121 S. Ct. 2448, 150 L. Ed. 2d 592, 52 ERC 1609 (2001) Brief Fact Summary. In 1959, Palazzolo (Petitioner) and associates formed Shore Gardens, Inc. (SGI) and purchased parcels of land, which bordered a pond, other houses and was a marsh subject to tidal flooding. After trying to gain approval from the Rhode Island Division of Harbors and Rivers (DHR) for two development projects, which were not approved, the land was designated by the Council, an agency charged with the duty of protecting the state’s coastal properties, as protected “coastal wetland ...
Lucas v. South Carolina Coastal Council
Citation505 U.S. 1003, 112 S. Ct. 2886, 120 L. Ed. 2d 798, 34 ERC 1897 (1992) Brief Fact Summary. Lucas (Petitioner) bought two residential lots on the Isle of Palms in Charleston County, South Carolina, upon which he intended to build single-family homes. In 1988, the South Carolina Legislature enacted the Beachfront Management Act (Act), barred Petitioner from erecting any permanent structures on the two lots. Synopsis of Rule of Law. When the state seeks to sustain regulation that deprives a landowner from all economic use, the state may resist compensation only if the logically anteced ...
Penn Central Transportation Co. v. City of New York
Citation22 Ill.439 U.S. 883, 99 S. Ct. 226, 58 L. Ed. 2d 198 (1978) Brief Fact Summary. Penn Central (Appellant) owned the Grand Central Terminal, which was designated by application of New York’s Landmarks Preservation Law to be a landmark. Thereafter, the Appellant entered into a renewable 50-year lease with UGP Properties, Ltd., a United Kingdom company, under which the UGP agreed to construct a multistory office building on top of the terminal. The plans for the new office building were submitted to the Commission for approval, which was denied. Synopsis of Rule of ...
Evans v. Merriweather
Citation View this case and other resources at: Brief Fact Summary. Merriweather (Plaintiff) owned a mill downstream from Evans’s (Defendant) mill. The stream, which powered both mills, was usually of sufficient flow to not cause any problems, but in 1837, a drought caused the stream to lose a considerable amount of flow. The Defendant diverted the stream, by using a dam, into Defendant’s well, causing Plaintiff’s mill to cease operation. Synopsis of Rule of Law. A person with a stream running through their land may use all of the stream if the use is for home or livesto ...
Spur Industries, Inc. v. Del E. Webb Development Co
Citation22 Ill.108 Ariz. 178, 494 P.2d 700, 4 ERC 1052 (1972) Brief Fact Summary. In 1956, Spur Industries, Inc.’s (Defendant’s) predecessor established cattle feed lots in a rural area outside of Phoenix. In 1959, Webb Development Co. (Plaintiff) established a residential development called Sun City. Both the feed lot and the development has since expanded. Plaintiff has sued Defendant for an injunction arising from the nuisance created by the feed lot due to flies and odor, which drifts into Sun City with the wind. Synopsis of Rule of Law. “Coming to the nuisance” ...