Jue v. Smiser
Brief

CitationJue v. Smiser, 23 Cal. App. 4th 312, 28 Cal. Rptr. 2d 242, 1994 Cal. App. LEXIS 237, 94 Cal. Daily Op. Service 1953, 94 Daily Journal DAR 3605 (Cal. App. 1st Dist. Mar. 16, 1994) Brief Fact Summary. Geoffrey and Charlene Jue, (Appellants) brought suit against Kenn and Victoria Smiser, (Respondents), seeking damages in connection with the sale of Respondent’s home to Appellants on the theories of fraud, concealment, and negligent misrepresentation among others. Respondents successfully moved for summary judgment asserting that it was undisputed that appellants had actual knowled ...

Williams v. Ubaldo
Brief

CitationWilliams v. Ubaldo, 670 A.2d 913, 1996 Me. LEXIS 30 (Me. Jan. 23, 1996) Brief Fact Summary. John L. Ubaldo, (Petitioner), appeals from a judgment awarding damages to Roger and Cynthia Williams (Respondents) for breach of a real estate contract. Synopsis of Rule of Law. In an action for breach of contract for the sale of real property, the claimant is entitled to the “benefit of the bargain” which equals the difference between the contract price and the fair market value at the time of breach. A claimant is entitled to special damages resulting from the unique needs and ch ...

Voorde Poorte v. Evans
Brief

CitationVoorde Poorte v. Evans, 832 P.2d 105, 66 Wn. App. 358, 1992 Wash. App. LEXIS 289 (Wash. Ct. App. July 9, 1992) Brief Fact Summary. Art and Ann Voorde Poorte, (Plaintiffs) executed a real estate purchase and sale agreement for the sale of land and a mobile home to William and Jeannette Evans, (Defendants). Plaintiffs brought this action for damages against Defendants following a fire that resulted in the loss of their mobile home. Defendants successfully moved for summary judgment and Plaintiffs appeal. Synopsis of Rule of Law. Early possession does not have a legal affect on contrac ...

Weil v. Murray
Brief

CitationWeil v. Murray, 161 F. Supp. 2d 250, 2001 U.S. Dist. LEXIS 4117, 44 U.C.C. Rep. Serv. 2d (Callaghan) 482 (S.D.N.Y. Apr. 4, 2001) Brief Fact Summary. Robert S. Weil and Jean K. Weil, (Plaintiffs) brought suit against Mark Murray, Ian Peck, and John or Jane Doe, (Defendants), for breach of contract, specific performance, and injury to property arising from Defendants alleged agreement to purchase a painting by Edgar Degas titled, “Aux Courses.” Plaintiffs successfully moved for summary judgment and Mark Murray appeals. Synopsis of Rule of Law. In order for a seller to estab ...

Gray v. First NH Banks
Brief

CitationGray v. First NH Banks, 138 N.H. 279, 640 A.2d 276, 1994 N.H. LEXIS 17 (N.H. Mar. 15, 1994) Brief Fact Summary. Peter and Sandra Gray, (Plaintiffs), sued for rescission of a real estate purchase from First NH Banks, (Defendant). Plaintiffs appeal a Superior Court decision granting Defendant’s motion to dismiss. Synopsis of Rule of Law. Although lack of strict compliance with the statutory mandate may give rise to the remedy of rescission, plaintiffs must first prove that the failure to comply caused their injuries. ...

Holbrook v. Holbrook
Brief

Citation474 S.E.2d 900 (W. Va. 1996) Brief Fact Summary. The circuit court dismissed the complaint of Edwina T. Holbrook, (Appellant) against Arthur M. Holbrook, Jr., and Gladys J. Holbrook, (Appellees), in an action in which Appellant sought specific performance to compel Appellees to convey to her a certain interest in real property. The dismissal was based on Appellees claim that inasmuch as the action involved an oral agreement for the sale of land, the agreement was unenforceable pursuant to West Virginia’s statute of frauds Synopsis of Rule of Law. A party to an oral contract for t ...

Albright v. McDermond
Brief

Citation465 S.E.2d 306 (N.C. Ct. App. 1996) Brief Fact Summary. The Petitioner, M. Ashley Albright (Petitioner), appeals a District Court ruling affirming the County Court order to return to the Respondents, Duane K. McDermond and Denise M. Klimas (Respondents), their $4000 deposit. The petitioner alleges that Respondents breached the contract for the sale of Petitioner’s home and that the District Court erred in abrogating the contract. Synopsis of Rule of Law. In reviewing a breach of contract case, the reviewing court must defer to trial court’s findings of fact if the record su ...

Hansberry v. Lee
Brief

Citation311 U.S. 32, 61 S. Ct. 115, 85 L. Ed. 22, 1940 U.S. 108 Brief Fact Summary. The Hansberrys (Defendants), a black family, bought a house in an area of Chicago allegedly covered by a racially restrictive covenant. Lee (Plaintiff) brought an action in Illinois state court to enjoin breach of the covenant, naming as defendants both the Defendant’s, and the people from whom the Defendant’s had bought the property. Plaintiff sought the use of an earlier class action judgment regarding the covenant to prevent the Hansberry’s from litigating the issue of whether the covenant ...

Cohen v. The Republic of the Philippines
Brief

Citation146 F.R.D. 90, 1993 U.S. Dist. 1412, 26 Fed. R. Serv. 3d (Callaghan) 84 View this case and other resources at: Brief Fact Summary. Imelda R. Marcos (Marcos) sought to intervene in an action between the Plaintiffs, March Cohen and Marc Cohen & Co. (Plaintiffs) against the Defendants, Klaus Braemer (Braemer) and the Republic of the Philippines (Philippines) (Defendants), regarding the ownership of four paintings. Synopsis of Rule of Law. A person should be granted leave to intervene so long as he complies with Federal Rule of Civil Procedure Rule 24(a)’s requirements that ...

Durfee v. Duke
Brief

Citation375 U.S. 106, 84 S. Ct. 242, 11 L. Ed. 2d 186, 1963 U.S. 129 Brief Fact Summary. Two property owners contested ownership of a piece of land situated along the Missouri River on the Nebraska and Missouri border. A Nebraska court ruled that the land in question was located in Nebraska and issued judgment as to the ownership of the land. The losing party then filed suit in Missouri, seeking to quiet title to the land. Synopsis of Rule of Law. A judgment is entitled to full faith and credit, for res judicata purposes, even as to questions of jurisdiction, where the second court’s i ...

State Farm Fire & Casualty Co. v. Century Home
Brief

Citation275 Ore. 97, 550 P.2d 1185, 1976 Ore. Brief Fact Summary. Forty-eight property owners consolidated an action against a home building company following a fire. Because several other plaintiffs had already received judgments against the defendant building company, the forty-eight plaintiffs sought to collaterally estop the defendant from litigating the issue of liability. Synopsis of Rule of Law. Where there are several lawsuits with varying and inconsistent verdicts, issue preclusion should not apply. ...

Searle Brothers v. Searle
Brief

Citation588 P.2d 689, 1978 Utah 1484 Brief Fact Summary. The brothers of a party to a divorce proceeding sued the wife of their brother to regain possession of a piece of property awarded to the wife in the divorce decree. Synopsis of Rule of Law. The plea of collateral estoppel can only be asserted against a party in the subsequent suit that was also a party or in privity with a party in the prior suit. ...

Frier v. City of Vandalia
Brief

Citation770 F.2d 699, 1985 U.S. App. 22639 Brief Fact Summary. The Plaintiff, Charles Frier (Plaintiff), had his cars towed without being issued a ticket or given a hearing. He first filed suit in state court seeking replevin. He later filed suit in federal court alleging a Due Process violation. Synopsis of Rule of Law. One suit precludes a second where the parties and the cause of action are based upon a common core of operative facts. ...

Peterson v. Wilson
Brief

Citation22 Ill.141 F.3d 573 (5th Cir. 1998) Brief Fact Summary. The Plaintiff, Peterson (Plaintiff), filed suit in district court after he was fired as grant director at Texan Southern University (TSU). The jury found for Plaintiff. Four months later, the district granted a new trial, not for insufficient evidence, but instead based on comments the jurors made to the court after returning the verdict Synopsis of Rule of Law. Under the Federal Rules of Evidence (FRE) Rule 606(b) a court may not impeach a jury’s verdict based on the judge’s belief that the jurors misunderstood the ...

Peralta v. Heights Medical Center
Brief

Citation485 U.S. 80, 108 S. Ct. 896, 99 L. Ed. 2d 75, 1988 U.S. 944 Brief Fact Summary. A default judgment was entered against the Appellant, Peralta (Appellant), for non-payment of a former employee’s hospital bills. Appellant sought to overturn the judgment on grounds that he was not properly served notice of the initial complaint. Synopsis of Rule of Law. A default judgment against a party, entered without sufficient notice, is void for violating due process, even though the party lacked a meritorious defense to the claim upon which the default judgment was based. ...

Stradford v. Zurich Insurance Co
Brief

Citation2002 WL 31027517 (SDNY 2002). Brief Fact Summary. Plaintiff Dr. Stradford brought an action against his property insurer seeking payment under policy for water damage to his dentist’s office, to which the insurance company responded by filing several counterclaims against the insured. Synopsis of Rule of Law. Counterclaims that do not satisfy the first sentence of Rule 9(b), requiring that the “time, place, and nature of the alleged misrepresentations” be disclosed to the party accused of fraud, will be dismissed. ...

Haddle v. Garrison (11th Cir. 1997)
Brief

CitationUnpublished Opinion. Docket No. 96-8856 (11th Cir. 1997) Brief Fact Summary. Plaintiff Michael A. Haddle appealed a District Court’s dismissal of his suit for failure to state a claim upon which relief could be granted under Federal Rule of Civil Procedure 12(b)(6). Synopsis of Rule of Law. Appeals from FRCP 12(b) (6) motions are not reviewable where binding precedent renders the complaint without legal recourse. ...

Fuentes v. Shevin
Brief

Citation407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556, 1972 U.S. 42 Brief Fact Summary. The owner of a stereo and gas stove purchased on installment contracts had those items repossessed by a deputy sheriff for failing to make the required monthly payments. Prior to the repossession, she was given no notice and no opportunity to protest the repossession at a hearing. Synopsis of Rule of Law. Even temporary, provisional remedies granted to a litigant are subject to due process constraints, such that no person’s property can be confiscated without first awarding the possessor notice and ...

Mullane v. Central Hanover Bank & Trust Co
Brief

Citation339 U.S. 306, 70 S. Ct. 652, 94 L. Ed. 865, 1950 U.S. 2070 Brief Fact Summary. Defendant Central Hanover Bank and Trust Company attempted to settle its first account as common trustee. The only notice given to beneficiaries of the trust was publication in a local New York newspaper, despite the fact that numerous beneficiaries were not New York residents. Synopsis of Rule of Law. Notice of service of process must be of such nature as reasonably to convey the required information, and it must afford a reasonable time for those interested to make their appearance. ...

Pavlovich v. Superior Court
Brief

Citation29 Cal. 4th 262, 58 P.3d 2, 127 Cal. Rptr. 2d 329, 2002 Cal. 7959 Brief Fact Summary. The defendant posted confidential trade information about the one of the plaintiff’s DVD products on his internet website. Synopsis of Rule of Law. A plaintiff asserting a claim based on specific jurisdiction against a non-resident defendant performing no business in the state must point to contacts that demonstrate that the defendant expressly aimed its tortious conduct at the forum state. ...

Shaffer v. Heitner
Brief

Citation433 U.S. 186, 97 S. Ct. 2569, 53 L. Ed. 2d 683, 1977 U.S. 139 Brief Fact Summary. Plaintiff Shaffer filed a class action suit in Delaware against 28 non-residents and simultaneously filed a motion to sequester property owned by those defendants located in the state of Delaware. Synopsis of Rule of Law. The minimum contacts standard for jurisdiction applies to proceedings in rem as well as proceedings in personam. ...

Pennoyer v. Neff
Brief

Citation95 U.S. 714, 5 Otto 714, 24 L. Ed. 565 (1878) Brief Fact Summary. Defendant Neff was being sued by Mitchell in Oregon for unpaid legal fees. A default judgment was entered against Defendant for his failure to come to court or otherwise resist the lawsuit, despite the fact that he was not personally served with process, nor was a resident of Oregon. Later, in an attempt to collect upon his judgment, Mitchell attached land located in Oregon belonging to Defendant, and had it sold to Plaintiff Pennoyer through a Sheriff’s sale. Synopsis of Rule of Law. Proceedings in a court of ...

Rush v. City of Maple Heights
Brief

Citation167 Ohio St. 221, 147 N.E.2d 599, 1958 Ohio 472, 4 Ohio Op. 2d 279 Brief Fact Summary. After a motorcycle accident, the owner of the motorcycle successfully sued the city in which the accident occurred for negligence in not repairing the road. The owner’s husband later brought a suit alleging personal injuries suffered by him in the same accident. Synopsis of Rule of Law. Where a person suffers both personal injuries and property damage as a result of the same wrongful act, only a single cause of action arises because the different injuries are really separate items of damage f ...

Benson and Ford, Inc. v. Wanda Petroleum Co
Brief

Citation833 F.2d 1172, 1987 U.S. App. 1987-2 Trade Cas. (CCH) P67,800 Brief Fact Summary. This action stems from a prior case brought by Shelby L.P. Gas Company (Shelby) against Wanda Petroleum Company and others (Defendants) alleging various antitrust claims. Shelby alleged that defendants retaliated against it because it refused to join a price fixing conspiracy in Louisiana. Synopsis of Rule of Law. The conclusive effect of a prior judgment may only be invoked against a party or someone in privity. A non-party will be considered in privity, or sufficiently close to a party in the prior s ...

Federated Department Stores, Inc. v. Moitie
Brief

Citation452 U.S. 394, 101 S. Ct. 2424, 69 L. Ed. 2d 103, 1981 U.S. Brief Fact Summary. In 1976, seven consumers, including Moitie and Brown (Plaintiffs), filed class action lawsuits against Federated Department Stores, Inc. (Defendant), alleging that the Defendant illegally fixed the retail prices of women’s clothing in Northern California. Synopsis of Rule of Law. This court recognizes no general equitable doctrine, such as suggested by the court of appeals, which countenances an exception to the finality of a party’s failure to appeal merely because his rights are closely int ...