Reed v. Reed
Brief

View this case and other resources at: Citation. ...

Freed v. Erie Lackawanna Railway Co.
Brief

View this case and other resources at: Citation. 445 F.2d 619 (6th Cir. 1971) Brief Fact Summary. Freed (Plaintiff) was struck by a train car operated by Erie Lackawanna Railway Co. (Defendant) and sued over his injuries. Defendant introduced evidence at trial that conflicted with answers it had provided to interrogatories. Synopsis of Rule of Law. Answers to interrogatories provided by a party are not binding on that party at trial. ...

Anglia Television v. Reed
Brief

Citation. 3 All E.R. 690 (House of Lords 1971) Brief Fact Summary. An actor and a media company entered into a contract for the actor to star in a film of a play for television.  The actor had to repudiate the contract, and a question as to the damages owed by the actor to the media company arose. Synopsis of Rule of Law. If a party cannot demonstrate an amount of lost profits they are entitled to, both expenditures incurred before and after the contract was concluded will be part of the damages award, if those expenditures "would reasonably be in the contemplation of th ...

Reed v. McCord
Brief

Citation. Reed v. McCord, 18 A.D. 381, 1897 N.Y. App. Div. LEXIS 1220, 46 N.Y.S. 407 (N.Y. App. Div. June 1, 1897) Brief Fact Summary. The defendant in a medical negligence case testified as to some of the circumstances surrounding the accident. The coroner then got on the stand and testified as to some of the things that the defendant had said, over objection by the defendant. Synopsis of Rule of Law. A statement made by a party against a party's own interest is not hearsay, and may be admitted substantively. Issue. Whether the statements by the coroner as to the statements ma ...

Reed v. Ross
Brief

Citation. Reed v. Ross, 468 U.S. 1, 104 S. Ct. 2901, 82 L. Ed. 2d 1, 1984 U.S. LEXIS 126, 52 U.S.L.W. 4905 (U.S. June 27, 1984) Brief Fact Summary. An individual was convicted of murder, but a Supreme Court case decided after his conviction concluded that a procedural aspect of all cases including his was deemed invalid. Synopsis of Rule of Law. "[W]here a constitutional claim is so novel that its legal basis is not reasonably available to counsel, a defendant has cause for his failure to raise the claim in accordance with applicable state procedures." ...

Gibbs v. Breed, Abbot & Morgan
Brief

Citation. Gibbs v. Breed, Abbott & Morgan, 271 A.D.2d 180, 710 N.Y.S.2d 578, 2000 N.Y. App. Div. LEXIS 7754 (N.Y. App. Div. 1st Dep't July 13, 2000) Brief Fact Summary. Charles Gibbs and Robert Sheehan, (Plaintiffs), former partners of Breed, Abbot & Morgan, (Defendant), brought suit against Defendant for monies due to them under their employment contract. Defendant alleged Plaintiffs breached their fiduciary duty to Defendant. Plaintiffs appeal the trial court judgment in favor of Defendant in the amount of $1,861,045. Synopsis of Rule of Law. It is a breach of fiduciary duty f ...

Kovacik v. Reed
Brief

Citation. Kovacik v. Reed, 49 Cal. 2d 166, 315 P.2d 314, 1957 Cal. LEXIS 254 (Cal. 1957) Brief Fact Summary. Plaintiff, Stephen Kovacik, solicited Defendant, Henry Reed, to enter a partnership wherein Plaintiff provided the money and Defendant provided the labor. Plaintiff sought to collect half of the money that he contends the business lost during their partnership. Synopsis of Rule of Law. In a partnership wherein one partner contributes capital and the other labor, the partner contributing capital can not hold the other accountable for money lost, just as the partner responsibl ...

Reed v. Sears, Roebuck & Co
Brief

Citation. Reed v. Sears, Roebuck & Co., 934 F. Supp. 713, 1996 U.S. Dist. LEXIS 12194, 33 U.C.C. Rep. Serv. 2d (Callaghan) 51 (D. Md. Aug. 15, 1996) Brief Fact Summary. Owen L. Reed, Jr. and Donna Reed, (Plaintiffs) bring this action individually and on behalf of their child, seeking damages against Sears, Roebuck & Co., (Defendant) for the sale of an allegedly defective storm door that caused injuries to their child. Defendant seeks summary judgment claiming the sealed containers defense. Synopsis of Rule of Law. The sealed container defense applies to products liability claims ...

Gebbia v. Schulder
Brief

Citation. 939 N.Y.S.2d 740 (N.Y. Sup. 2011) Brief Fact Summary. Plaintiff bought a genetically defective dog from Defendant and did not inform Defendant that the dog was sick or that it died. Rather, Plaintiff sued Defendant for breach of implied warranty of merchantability. The Civil Court of the City of New York, Queens County, found in favor of Plaintiff. Defendant appealed. Synopsis of Rule of Law. A remedy for breach of implied warranty of merchantability is available only where the buyer notifies the seller of its breach within a reasonable time after it discovers or shoul ...

Fuji Photo Film USA, Inc. v. Zalmen Reiss & Associates, Inc.
Brief

Citation. 930 N.Y.S.2d 174 (N.Y. Sup. 2011) Brief Fact Summary. Defendant agreed to buy 10,000 camera memory cards from Plaintiff at $19.49 each. After selling about 4,000 of the cards, Defendant found out that another company was selling the cards at a wholesale price lower than what Plaintiff charged. Defendant revoked acceptance of the remaining 6,000 memory cards. Plaintiff sold the remaining memory cards to a third party reseller. Plaintiff did not give Defendant notice that it planned to sell the memory cards at a discounted price. Plaintiff brought suit against Defendant, seeking ...

Dynamic Machine Works, Inc. v. Machine & Electrical Consultants, Inc.
Brief

Citation. 831 N.E.2d 875 (2005) Brief Fact Summary. Plaintiff contracted to purchase a lathe from Defendant. The lathe was to be manufactured in Taiwan. Due to the SARS outbreak, production of the lathe was delayed and both parties entered into an oral agreement to extend the deadline for the installation and commissioning of the lathe to September 19, 2003. The lathe was delivered on October 9, 2003, but required testing and readjusting. Plaintiff’s granted one final extension to December 19, 2003 for the final deadline for the lathe to be fully and unconditionally commissioned. ...

DF Activities Corp. v. Brown
Brief

Citation. 851 F.2d 920 (1988) Brief Fact Summary. Plaintiff’s employee told Plaintiff that Defendant was willing to sell a Frank Lloyd Wright chair to Plaintiff for $60,000. Plaintiff’s employee sent Defendant a check and a letter confirming the agreement. Defendant sent the letter and the check back and later sold the chair for $198,000. Plaintiff sued Defendant, seeking the difference between the price at which the chair was sold and the contract price of $60,000. Defendant sought to dismiss the suit as barred by the statute of frauds for the Uniform Commercial Code. Defen ...

Daughtrey v. Ashe
Brief

Citation. 413 S.E.2d 336 (1992) Brief Fact Summary. Plaintiff bought a diamond bracelet from Defendant. Defendant appraised the diamonds as “v.v.s.” Later Plaintiff found out that the diamonds were lower quality and requested that Defendant replace the bracelet with one containing v.v.s. quality diamonds, however, Defendant refused. Plaintiff then brought an action for specific performance to compel Defendant to replace the bracelet. Defendant contended that his statement in the appraisal form was not an express warranty because it was designated “for insurance purpose ...

Cornerstone Equipment Leasing, Inc. v. MacLeod
Brief

Citation. 247 P.3d 790 (Wash. App. 2011) Brief Fact Summary. In July 1998, Defendant borrowed $725,000 from Plaintiff and signed a promissory note to pay the loan back. The parties agreed to extend the due date several times. Defendant claimed that he and Plaintiff’s president came to an oral agreement to set aside the remaining principal balance, with the understanding that it would be used in a future business transaction. In June 2005, the parties agreed to another amended note. In June 2007, Plaintiff’s president called Defendant and demanded payment on the June 2005 agr ...

Budget Marketing, Inc. v. Centronics Corporation
Brief

Citation. 927 F.2d 421 (1991) Brief Fact Summary. Plaintiffs and Defendant executed a letter of intent for Defendant to acquire Plaintiff. Plaintiff was complying with the requirements of the letter of intent. Defendant continued to confirm its intent to go through with the acquisition. However, Defendant decided to pursue other opportunities and not acquire Plaintiff. Plaintiffs sued Defendant for, among other causes of action, promissory estoppel. Defendant moved for summary judgment, and the trial court granted the motion. Plaintiffs appealed. Synopsis of Rule of Law. During ...

Apex LLC v. Sharing World, Inc.
Brief

Citation. 206 Cal. App. 4th 999 (2012) Brief Fact Summary. Plaintiff entered into twelve contracts to sell 19,000 tons of cottonseed to Defendant, which Defendant would resell to third parties. After third parties stopped purchasing cottonseed from Defendant because the price of cottonseed fell, Defendant refused nearly 15,000 tons of cottonseed. Plaintiff sued Defendant. The trial court ruled in favor of Defendant, finding that the contracts were subject to a verbal condition precedent—that Defendant received letters of credit from the third parties. Plaintiff appealed. S ...

Alderman v. Davidson
Brief

Citation. 954 P.2d 779 (Or. 1998) Brief Fact Summary. Plaintiff commenced foreclosure proceedings after Defendant continuously sent late payments and failed to pay taxes and send receipts to Plaintiff as agreed. The trial court held that Plaintiff had waived her right to foreclose. The court of appeals reversed on the issue of the tax payments, holding that while Plaintiff had waived timely installment payments, she did not waive timely tax payments. Defendant appealed. Synopsis of Rule of Law. A party’s conduct that is inconsistent with the party’s exercised right t ...

Alaska Pacific Trading Company v. Eagon Forest Products, Inc.
Brief

Citation. 933 P.2d 417 (1997) Brief Fact Summary. Defendant cancelled a contract between itself and Plaintiff because Plaintiff did not ship logs to Defendant as agreed. Plaintiff sued Defendant for breach. The trial court granted Defendant’s motion for summary judgment. Plaintiff appealed. Synopsis of Rule of Law. UCC 2-601 states that only perfect tender will satisfy a sales contract, and a buyer may reject delivery of goods that do not conform exactly to contract. ...

American Insurance Association v. Garamendi
Brief

Citation. American Insurance Association v. Garamendi, 539 U.S. 396 (U.S. 2003). Brief Fact Summary. Insurance companies sued the state of California for infringing on the United States foreign policy regarding reparations to Holocaust Victims. Synopsis of Rule of Law. Federal law preempts state law if federal and state law conflict. ...

Arko Enterprises, Inc. v. Wood
Brief

Citation. 185 So. 2d 734 Brief Fact Summary. Defendant Arko Enterprises, Inc. entered into a contract for the purchase of land, soon the land was acquired under eminent domain. Synopsis of Rule of Law. A property buyer becomes an equitable owner upon signing the purchase contract under the doctrine of equitable conversion. ...

Cowen v. Pressprich
Brief

Citation. 192 N.Y.S. 242 Brief Fact Summary. The plaintiffs sued the defendants for conversion after the defendants mistakenly gave the wrong messenger a bond. Synopsis of Rule of Law. An involuntary bailee has an absolute duty to return goods delivered by mistake. ...

Godfrey v. Georgia
Brief

Citation. Godfrey v. Georgia, 446 U.S. 420 (U.S. 1980). Brief Fact Summary. Godfrey appealed his death sentence after shooting his wife and her mother due to the arbitrary interpretation of a Georgia statute. Synopsis of Rule of Law. The death penalty may be enforced if the statute permitting the institution of the death penalty is narrowly tailored enough to prevent some defendants from being subject to capital punishment and not others. ...

DiDonato v. Reliance Standard Life Ins. Co
Brief

Citation. 249 A.2d 327 (1969) Brief Fact Summary. Plaintiff sued Defendant contracted for the purchase of Defendant’s property. At the time of contract, the property was zoned for industrial use, however, before closing a zoning amendment restricted the property to residential use. Plaintiff discovered the rezoning when he tried to sell the property and sued Defendant to rescind their contract. The trial court ruled for Defendant. Plaintiff appealed. Synopsis of Rule of Law. Absent an agreement to the contrary, the purchaser of real estate bears the risk of loss or injury ...

Ellsworth Dobbs, Inc. v. Johnson
Brief

Citation. 236 A.2d 843 (1967) Brief Fact Summary. Plaintiff refused to pay commission when the property sale transaction was not completed because Iarussi was unable to obtain necessary financing. Plaintiff sued Defendant and Iarussi, the potential buyer, to collect commission. Synopsis of Rule of Law. Absent some wrongful act by the seller, the broker earns his commission when: 1) he produces a purchaser that is ready, willing, and able to buy on the agreed terms; 2) the purchaser enters into a binding contract with the owner; and 3) title is closed. ...

Ferrero Construction Co. v. Dennis Rourke Corp.
Brief

Citation. 536 A.2d 1137 (1988) Brief Fact Summary. Plaintiff and Defendant agreed that Plaintiff would have a first right of refusal to purchase any other property that Defendant may sell. Plaintiff sued Defendant for specific performance after Defendant refused to sell one of its lots to Plaintiff. The trial court held that Defendant’s 1984 notice to Plaintiff was an offer, which Plaintiff accepted by exercising its right of first refusal. However, the court held that the contract was nevertheless void because the right of first refusal violated the rule against perpetuities. The ...