Citation22 Ill.69 Md. App. 199, 516 A.2d 1028 (Ct. Spec. App. 1986) Brief Fact Summary. A covenant was made between Gallagher (Defendant) and Bell (Plaintiff) with the intent to develop a subdivision. The covenant provided that, in exchange for a right of way, the Defendant agreed “for themselves, their heirs and assigns, that they will dedicate one-half of the streets bounding their property and shall share pro-rata the cost of installation of said streets and the utilities by the Plaintiffs.” Synopsis of Rule of Law. In order for a covenant to run with the land four elemen ...
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State Ex Rel. Thornton v. Hay
Citation22 Ill.254 Or. 584, 462 P.2d 671 (1969) Brief Fact Summary. Oregon sought to enjoin the Defendants, who were owners of a beachfront tourist facility, from building fences on areas of the beach, which were “dry sand” areas. Synopsis of Rule of Law. The rule of custom, which arises by common consent and uniform practice that it becomes the law of the place, or of the subject matter to which it relates. The Defendants should be enjoined from constructing fences on beaches, which are customarily used by the public. ...
Baseball Publishing Co. v. Bruton
Citation22 Ill.302 Mass. 54, 18 N.E.2d 362 (1938) Brief Fact Summary. The Plaintiff ran a business, which placed billboards on the sides of buildings. The Defendant agreed to let Plaintiff place a billboard, but then took the billboard down. Synopsis of Rule of Law. Where the nature of the parties’ intent in writing and is such that the resulting right of the writing is to create an easement in gross, specific performance may be applied. ...
United States National Bank of Oregon v. Homeland, Inc
Citation22 Ill.291 Or. 374, 631 P.2d 761 (1981) Brief Fact Summary. Defendant Homeland, leased office space from Schlesinger, lessor. Homeland abandoned the property prior to the expiration on the lease and the premises were subsequently re-let to another tenant for a higher rent and longer term, who also defaulted. Synopsis of Rule of Law. When a commercial tenant abandons leased property there is no automatic termination of the lease when the lessor subsequently re-lets the property, and the original lessee may still be held liable for the periods of time under the original lease that th ...
Jaber v. Miller
Citation22 Ill.219 Ark. 59, 239 S.W.2d 760 (1951) Brief Fact Summary. This case involves Plaintiff Miller seeking to cancel fourteen promissory notes of $175 each which he claims were rent payments under a lease where the premises were destroyed by fire. Synopsis of Rule of Law. The intent of the parties will be the governing factor in determining whether an instrument is an assignment or a sublease. ...
Foundation Development Corp. v. Loehmann’s, Inc
Citation22 Ill.163 Ariz. 438, 788 P.2d 1189 (1990) Brief Fact Summary. In this case tenant in a commercial lease failed to pay an amount due under the lease for a pro rata share of common area in a retail development, the lessor sought to terminate the lease due to the breach, which the Defendant lessee contended was a trivial breach. Synopsis of Rule of Law. In the commercial lease situation, this Court declines to hold that any breach, no matter how trivial, can justify a forfeiture. ...
Piggly Wiggly Southern, Inc. v. Heard
Citation22 Ill.261 Ga. 503, 405 S.E.2d 478 (1991) Brief Fact Summary. This case is based on a lessor’s suit against a lessee of commercial realty, where the lessee discontinued its business prior to ending of the lease term and vacated the premises, but continued to pay the base rent and would not allow the sublease of the premises to another similar business. Synopsis of Rule of Law. In the absence of any express or implied covenant of continuous operation in the lease, the Court will not substitute such a covenant when the intent of the parties is manifest in the plain language of ...
Richard Barton Enterprises, Inc. v. Tsern
Citation22 Ill.928 P.2d 368 (Utah 1996) Brief Fact Summary. Plaintiff Richard Barton Enterprises (Barton) entered into a lease for commercial space in an office building with Defendant Tsern. The lease and “earnest money receipt” incorporated into the lease provided that rent was to be $3,000 per month and that the premises should be made available on December 1, 1991, and that lessor was required to fix a leaky roof and repair the freight elevator to “good working order.” Synopsis of Rule of Law. The lessee’s covenant to pay rent is dependent on the lessor ...
Jancik v. Department of Housing and Urban Development
Citation44 F.3d 553 Brief Fact Summary. Jancik, Petitioner, owns an apartment building, and ran an ad in a newspaper which was claimed by the Leadership Council for Metropolitan Open Communities to violate provisions of the Fair Housing Act (FHA). Synopsis of Rule of Law. The FHA is violated where an ad for housing suggests to an ordinary reader that a particular group is preferred or dispreferred for the housing in question, which may be proven by subjective evidence of the intent of the person who places the ad. ...
People v. Nogarr
Citation22 Ill.164 Cal.App.2d 591, 330 P.2d 858 (Ct. App. 1958) Brief Fact Summary. The Appellant Elaine Wilson and Calvert Wilson (now deceased) owned property as joint tenants until the death of Calvert in 1955. Prior to Calvert’s death, the couple separated in July of 1954, and thereafter, without Elaine’s knowledge or consent, Calvert executed a promissory note to his parents (Respondents) for $6,440, and then delivered a mortgage to his parents on the property in question. Synopsis of Rule of Law. In this jurisdiction the act of mortgaging property by one of the tenants i ...
Laura v. Christian
Citation22 Ill.88 N.M. 127, 537 P.2d 1389 (1975) Brief Fact Summary. Laura, owner as tenant in common of three-fourths of a property called Fireside Lodge, paid money to prevent foreclosure on the property by the mortgagee, and Christian, owner as tenant in common of one-fourth of the Fireside Lodge, contributed nothing to the payment. Synopsis of Rule of Law. As a general rule a cotenant who pays more than his share of an indebtedness secured by mortgage or other lien is entitled to reimbursement or contribution from the other cotenants to the extent to which he paid their share of the deb ...
Sybert v. Sybert
Citation250 S.W.2d 271 (Tex. Civ. App. 1952) Brief Fact Summary. Fred Sybert, by wills from his father and mother, received a conveyance of property which was described by the testator to be a life estate only with the gift over of the remainder in fee to “heirs of his body.” Synopsis of Rule of Law. The rule in Shelley’s case applies to create a fee simple interest in Fred Sybert, even though the intent of the testator was to create a life estate, because the gift over is to the “heirs of his body.” ...
Stoller v. Doyle
Citation257 Ill. 369, 100 N.E. 959 (1913) View this case and other resources at: Brief Fact Summary. Plaintiff Stoller sued children of the life tenant claiming that he had been conveyed fee simple title and that the children’s contingent remainders had been destroyed. Synopsis of Rule of Law. The original deed in this case was a conveyance of fee with limitations over and did not create contingent remainders subject to destruction by the act of the grantor in subsequently conveying the reversion to the grantee. ...
Caccamo v. Banning
Citation22 Ill.45 Del. 394, 6 Terry 394, 75 A.2d 222 (Super. Ct. 1950) Brief Fact Summary. The Plaintiff received certain real estate pursuant to a will of one Benjamin Potter, which was granted in fee simple but in case Plaintiff died without leaving lawful issue of her body then the estate was to be given over to the children of one William Potter in fee simple. Synopsis of Rule of Law. The Plaintiff became seized of a estate tail in the provisions of the will, which by statute can be defeated where, as here, the Plaintiff conveyed by deed a fee simple interest to Defendant. ...
Cole v. Steinlauf
Citation22 Ill.144 Conn. 629, 136 A.2d 744 (1957) Brief Fact Summary. The Plaintiffs and the Defendant entered into a contract for the sale of real estate, for which the Plaintiffs made a deposit of $420 and spent $50 to hire an attorney to make a title search prior to the closing date. The title search found a defect in title and Plaintiffs refused to buy the property, after which Defendants refused to return the deposit. Synopsis of Rule of Law. The defect in title alleged herein by Plaintiffs is sufficient to raise a reasonable doubt as to the soundness of the title, and the Plaintiffs ...
Gruen v. Gruen
Citation68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986) Brief Fact Summary. Plaintiff claims ownership of a valuable painting through a birthday letter from his father which stated that the father intended to give the painting to the Plaintiff, but would like to keep the painting until his death. Synopsis of Rule of Law. As long as there is evidence presented that establishes the intent of a donor to make a present and irrevocable transfer of the property in question, there is some transfer of interest, and the gift is effective immediately. ...
Porter v. Wertz
Citation22 Ill.53 N.Y.2d 696, 439 N.Y.S.2d 105, 421 N.E.2d 500 (1981) Brief Fact Summary. Plaintiff- Appellant allowed Von Maker (who posed as Wertz) borrow a painting to decide if Von Maker wished to buy the painting. Von Maker eventually sold the painting to a third party who resold the painting to a person in Venezuela, and Plaintiff- Appellant seeks to recover the painting. Synopsis of Rule of Law. Equitable estoppel as a defense against the rightful owner is not available to Defendants unless each element of the defense is proven, specifically, that the rightful owner gave indicia of ...
McAvoy v. Medina
Citation View this case and other resources at: 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. ...
Della Penna v. Toyota Motor Sales, U.S.A., Inc
CitationDella Penna v. Toyota Motor Sales, U.S.A., 11 Cal. 4th 376, 902 P.2d 740, 45 Cal. Rptr. 2d 436, 1995 Cal. LEXIS 5960, 95 Daily Journal DAR 13801, 95 Cal. Daily Op. Service 8056 (Cal. Oct. 12, 1995) Brief Fact Summary. The Plaintiff, Della Penna (Plaintiff), is a distributor of automobiles. The Defendant, Toyota Motor Sales, U.S.A., Inc. (Defendant), made a policy disallowing the sale and distribution of the line of cars outside the United States. The Defendant published a list of “offenders”, parties supposedly guilty of this practice and told its franchise owners not to ...
Lumley v. Gye
Citation118 ER 749, Volume 118 View this case and other resources at: Brief Fact Summary. Defendant intentionally and maliciously interferes with a business contract causing one party to refuse to perform. Synopsis of Rule of Law. Intentional and malicious interference with a business relationship is a violation of a right, which provides a cause of action for a plaintiff. ...
Burgdorfer v.Thielemann
CitationBurgdorfer v. Thielemann, 153 Ore. 354, 55 P.2d 1122, 1936 Ore. LEXIS 116, 104 A.L.R. 1407 (Or. 1936) Brief Fact Summary. The Plaintiff and the Defendant made a contract to buy land. The Plaintiff alleged that the Defendant misrepresented the value of the land and agreed to pay off a mortgage on the land when the Defendant had no such intent. Synopsis of Rule of Law. Failure to follow the Statute of Frauds (SOF) is not a defense in a case alleging deceit. ...
Hinkle v. Rockville Motor Co., Inc
CitationHinkle v. Rockville Motor Co., 278 A.2d 42, 262 Md. 502, 1971 Md. LEXIS 948 (Md. 1971) Brief Fact Summary. The Defendant, Rockville Motor Co., Inc. (Defendant), sold the Plaintiff, Hinkle (Plaintiff) a car, claiming it was “new”. In fact, it had about 2000 miles on it and had been in an accident, where the body was severed. The Plaintiff sued the Defendant for the costs the Plaintiff would incur to fix the car. Synopsis of Rule of Law. In a case of fraud or deceit, plaintiff need not show the actual value of the misrepresented item at the time of purchase to make a case ...
Hustler Magazine v. Falwell
CitationHustler Magazine v. Falwell, 485 U.S. 46, 108 S. Ct. 876, 99 L. Ed. 2d 41, 1988 U.S. LEXIS 941, 56 U.S.L.W. 4180, 14 Media L. Rep. 2281 (U.S. Feb. 24, 1988) Brief Fact Summary. After Hustler Magazine and Larry Flynt (Petitioners) published an advertisement, depicting Jerry Falwell (Respondent) as having his “first time” in an outhouse with his month, the reverend brought suit based on invasion of privacy, libel and intentional infliction of emotional distress. Synopsis of Rule of Law. When an advertisement parodying a public figure depicts facts which no reasonable person ...
Cox Broadcasting Corp. v. Cohn
CitationCox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S. Ct. 1029, 43 L. Ed. 2d 328, 1975 U.S. LEXIS 139, 32 Rad. Reg. 2d (P & F) 1511, 1 Media L. Rep. 1819 (U.S. Mar. 3, 1975) Brief Fact Summary. Cohn (Plaintiff) brought suit based on invasion of privacy against Cox Broadcasting Corp. (Defendant), when the name of his 17-year-old daughter, a rape victim who did not survive the attack, was published by one of its reporters. Synopsis of Rule of Law. The First Amendment protects a media defendant from attacks grounded in invasion of privacy, when their reporting is on an issue of publ ...
Philadelphia Newspapers, Inc. v. Hepps
Citation475 U.S. 1134 106 S. Ct. 1784 90 L. Ed. 2d 330 1986 U.S. Brief Fact Summary. Hepps (Plaintiff) brought suit against Philadelphia Newspapers, Inc. (Defendant), after it published a series of articles alleging that Plaintiff had links to organized crime, and had used their position to exercise influence over the government. Synopsis of Rule of Law. A private party cannot bring suit against a newspaper for slander or libel, without bearing the burden of showing falsity and fault, before recovering damages. ...