Citation65 N.E. 822 (Mass. 1903). Brief Fact Summary. After an earlier suit on a contract for the sale of goods was dismissed as not ripe, Levine (Defendant) argued that a second suit in which Waterhouse (Plaintiff) sought to collect for the delivered goods was barred by res judicata. Synopsis of Rule of Law. Dismissal of an action as not ripe does not bar a later action on the same claim once the cause of action has ripened ...
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Sutcliffe Storage & Warehouse Co. v. United States
Citation162 F.2d 849 (1st Cir. 1947). Brief Fact Summary. Sutcliffe Storage & Warehouse Co. (Plaintiff) broke up its claim against the United States (Defendant) into four separate actions in order to keep each action under the district court’s $10,000 jurisdictional cap. Synopsis of Rule of Law. Separate actions filed over the terms of the same lease must be consolidated into one action even where the consolidated action will exceed the jurisdictional limit of the district court. ...
Berlitz Schools of Languages of America v. Everest House
Citation619 F.2d 211 (2d Cir. 1980). Brief Fact Summary. Berlitz Schools of Languages of America (Plaintiff) sued Charles Berlitz (Defendant) for unfair competition. The court found for Defendant based upon a disclaimer on his materials. Plaintiff then raised the matter again in federal court where the court found its claim barred by the previous ruling. Synopsis of Rule of Law. An issue that has been finally and necessarily resolved through prior litigation is barred by collateral estoppel from subsequent adjudication. ...
Connecticut Bank and Trust Company v. Brody
Citation392 A.2d 445 (Conn. Sup. Ct. 1978). Brief Fact Summary. Skinner created a testamentary trust that left life estates in the income to his children and then his grandchildren. The remainder was to be distributed amongst his great-grandchildren. Synopsis of Rule of Law. A trust creating a remainder in the testator’s great-grandchildren as a class violates the Rule Against Perpetuities. ...
In re Estate of Houston
Citation201 A.2d 592 (Pa. Sup. Ct. 1964). Brief Fact Summary. Henry Houston left a will providing for a trust and stating that upon the death of his last surviving child the principle was to be distributed in equal shares to his grandchildren. Synopsis of Rule of Law. A court analyzes all of the language in the four corners of a will in order to determine the intent of the testator. If there is not a clear and plain intent to create a contingent interest, the interest will be construed to be vested or vested subject to being divested. ...
Fischer v. Union Trust Co.
Citation188 Mich. 612 (Supreme Court of Michigan, 1904) Brief Fact Summary. . Fischer (Claimant) was an incompetent whose father had deeded title to his land to her over five years prior to his death. A mortgage was foreclosed against the property for nonpayment, and the Claimant presented a claim against the estate for damages for an alleged breach of covenant in the deed. Synopsis of Rule of Law. A gift of realty can be consummated only by the execution and delivery of the deed. If either is encumbered, the donor gives only what he had to give. ...
Long Island Trust Company v. International Institute for Packaging Ed., Ltd.
Citation381 N.Y.S.2d 445 (Court of Appeals of New York, 1976) Brief Fact Summary. . Long Island Trust Company (Plaintiff bank) brought an action to enforce a promissory note for money it loaned to the International Institute for Packaging (Defendant) with five guarantors. Two guarantors, Horowitz and Rochman, claimed the note was unenforceable against them due to the bank’s alleged violation of an oral stipulation that endorsement from all five original guarantors was required to extend the loan. Synopsis of Rule of Law. Where the terms of the conditional delivery are not ...
Idaho Power Co. v. Westinghouse Electric Corp.
Citation596 F.2d 924 (U.S. Court of Appeals 9th Circuit, 1979) Brief Fact Summary. Idaho Power Company (Idaho Power) sent an inquiry to Westinghouse Electric Corporation (Westinghouse) requesting a price quote for a three-phase voltage regulator, and Westinghouse responding with a price quote that provided it was subject to the terms on the back of the form. Idaho Power ordered the voltage regulator on its own form, that had different terms, and the question was whose terms as to liability applied. Synopsis of Rule of Law. In a contract between merchants under the Uniform Commercial ...
Raffles v. Whichelhaus
Citation159 Eng.Rep. 375 (Court of Exchequer, 1864). View this case and other resources at: Brief Fact Summary. There were two ships named Peerless. The Plaintiff agreed to sell the Defendant 125 Bales of Cotton, which it would put on the ship “Peerless”, sailing from Bombay. “Peerless” No. 1 sailed from Bombay in October and did not contain the bales of cotton. “Peerless” No. 2 sailed from Bombay in December, containing the cotton. Synopsis of Rule of Law. There are several applicable rules to be considered in the case of the two sh ...
Allhusen v. Caristo Contstruction Corp.
Citation103 N.E.2d 891 Brief Fact Summary. Defendant is a general contractor who hired, Kroo Painting Company (Kroo) to work on one of Defendant’s projects. The contract included a clause forbidding Kroo from assigning payment to another party without written permission from Defendant. Kroo assigned payment to Plaintiff without getting permission. Synopsis of Rule of Law. When the language is clear, a party can forbid assignment of payment on a contract ...
Rouse v. United States
Citation215 F.2d 872, 94 US.App.D.C. 386 (D.C. Cir. 1954) Brief Fact Summary. A contractor installed a heater in individual 1's home. Individual 1 gave the contractor a promissory note as payment for the heater. The individual sold the home to individual 2 who assumed the remaining payments for the heater. Individual 2 defaulted on the note and the United States took assignment of the note, paid it off, and brought suit against individual 2. Synopsis of Rule of Law. "[O]ne who promises to make a payment to the promisee's creditor can assert against the creditor a ...
Worcester Heritage Society v. Trussell
Citation31 Mass.App.Ct. 343 (Court of Appeals of Massachusetts, 1991) Brief Fact Summary. Worcester Heritage Society (Society), private, non-profit organization dedicated to preserving historically significant buildings, sold a house to Trussell (Defendant). Under the contract, Trussell agreed to do a complete historic restoration to the house. ...
Bartus v. Riccardi
Citation55 Misc.2d3, 284 N.Y.S.2d 222 (N.Y. City Ct. 1967) Brief Fact Summary. An individual purchased a hearing aid from the representative of a hearing aid manufacturer. Although the individual wanted a specific hearing aid, a "modified and improved" model was sold to him instead. This did not help the individual's hearing. The company offered to send the original model of hearing aid that the individual attempted to buy or to replace the model the individual actually received. Synopsis of Rule of Law. Section 2-508 of the Uniform Commercial C ...