Citation2 K.B. 740 (1903) Brief Fact Summary. Paul Krell (Plaintiff) sued C.S. Henry (Defendant) for 50 pounds the remaining of the balance of 75 pounds for which Defendant rented a flat to watch the coronation of the King. The lower court found for the Defendant and Plaintiff appealed. Synopsis of Rule of Law. A party’s duties are discharged where a party’s purpose is frustrated without fault by the occurrence of an event, which the nonoccurence of which was a basic assumption on which the contract was made. ...
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Centronics Corporation v. Genicom Corporation
CitationCentronics Corp. v. Genicom Corp., 132 N.H. 133, 562 A.2d 187, 1989 N.H. LEXIS 77 (N.H. Aug. 16, 1989) Brief Fact Summary. Centronics Corporation (Plaintiff) sued Genicom Corporation (Defendant) for breach of an implied covenant of good faith. Plaintiff appealed from a judgment granting summary judgment for the Defendant. Synopsis of Rule of Law. Under an agreement that appears to invest one party with a degree of discretion in performance sufficient to deprive another party of a substantial proportion of the agreement’s value, the parties’ intend to be bound by an enfo ...
Laidlaw v. Organ
Citation22 Ill.15 U.S. 178, 2 Wheat. 178, 4 L. Ed. 214 (1817) Brief Fact Summary. Organ entered into a contract to purchase tobacco from Laidlaw at an agreed upon price. Prior to completion of the sale, Plaintiff learned of the end of the War of 1812, but did not disclose that information to Defendant, when asked if Plaintiff knew any information that would affect the terms of their agreement, at the close of the sale. Plaintiff brought suit to recover the tobacco, at the agreed-upon price, and Defendant countered that Plaintiff dealt in bad faith. Synopsis of Rule of Law. This case is amo ...
Boise Dodge Inc. v. Clark
Citation22 Ill. 92 Idaho 902, 453 P.2d 551 (1969) Brief Fact Summary. Clark (Plaintiff) bought a car from Boise Dodge, Inc (Defendant). Defendant claimed that the car was “new” but, in fact, the car was a “demonstration” model and the odometer had been turned back from 6,968 miles. At trial, the jury awarded Plaintiff $350.00 in actual damages and $12, 500.00 in punitative damages Synopsis of Rule of Law. Punitive damages are proper in cases of calculated deceit in contract cases. ...
Hadley v. Baxendale
Citation View this case and other resources at: Brief Fact Summary. Plaintiffs, who run a mill, needed a new crank shaft because the old one was broken. They hired Defendant to deliver the old crank shaft to Greenwich to be used as a pattern for a new crank shaft. Defendant did not deliver the crank shaft in a timely fashion and, thus, Plaintiff’s mill could not operate and lost money. Synopsis of Rule of Law. If the special circumstances are communicated by the plaintiffs to the defendants and are known to both parties, the damages resulting from the breach of contract, which they ...
North Shore Bottling Co. v. C. Schmidt & Sons, Inc
Citation22 Ill.22 N.Y.2d 171, 292 N.Y.S.2d 86, 239 N.E.2d 189 (1968) Brief Fact Summary. The Defendant, C. Schmidt & Sons, Inc. (Defendant), breached the oral agreement allowing Plaintiff, North Shore Bottling Co. (Plaintiff), to be the exclusive distributor of its product. Defendant asserts the Statute of Frauds (SOF) as an affirmative defense. Synopsis of Rule of Law. A contract must be in writing if by its terms it is not to be performed within one year from the making thereof. ...
Webb v. McGowin
Citation22 Ill.232 Ala. 374, 168 So. 199 (1936) Brief Fact Summary. The Plaintiff, Webb (Plaintiff), in trying to save the Defendant, McGowin’s (Defendant) life, seriously injured himself. Defendant promised to pay Plaintiff a stipend for life and later ceases payment. Plaintiff sued to enforce the promise. Synopsis of Rule of Law. The material benefit rule dictates that a moral obligation is a sufficient consideration to support a subsequent promise to pay where the promisor has received a material benefit, although there was no original duty or liability resting on the promisor. ...
Morin Bldg. Prods. Co. v. Baystone Constr., Inc
Citation22 Ill.717 F.2d 413 (7th Cir. 1983) Brief Fact Summary. A contractor’s work was rejected due to a provision in the construction contract stating that all matters relating to “artistic effect” were subject to the final approval of the owner. Synopsis of Rule of Law. An objective standard of reasonableness is the proper standard to employ in a construction contract for commercial building. ...
Oppenheimer & Co. v. Oppenheim, Apel, Dixon & Co
Citation86 N.Y.2d 685, 636 N.Y.S.2d 734, 660 N.E.2d 415 (1995) Brief Fact Summary. A sublease agreement contained an express condition precedent that the subleasing party must obtain the landlord’s written consent before the sublease would be valid. Synopsis of Rule of Law. The doctrine of substantial performance is not available to excuse the failure to perform an express condition precedent as required by contract. ...
Donahue v. Federal Express Corp
Citation22 Ill.2000 PA Super 146, 753 A.2d 238, 16 IER Cases 920 Brief Fact Summary. Appellant Brian Donahue brought suit against Appellee Federal Express on the grounds that he was wrongfully terminated. Appellant claimed Appellees violated the implied covenant of good faith with respect to employment-at-will contracts. Synopsis of Rule of Law. No implied duty of good faith and fair dealing applies to termination of a pure at-will employment contract. ...
Taylor v. State Farm Mutual Automobile Insurance Co
Citation View this case and other resources at: Brief Fact Summary. Plaintiff Taylor was in a three-car accident. Defendant State Farm Mutual Automobile Insurance Co. was Plaintiff’s insurance provider. Plaintiff received a verdict against him in excess of his policy limit and is claiming that Defendant acted in bad faith by not settling the claim within the policy limits. Synopsis of Rule of Law. Under the Corbin view, a court first looks at all then evidence to determine the intent of the parties’ and the extent of integration in the written document, then the court applies ...
Alaska Democratic Party V. Rice
Citation22 Ill.934 P.2d 1313, 12 IER Cases 1261 (Alaska 1997) Brief Fact Summary. Plaintiff Rice quit her job and relocated in reliance on a promise of employment made by Defendant, the Alaska Democratic Party. After moving to Alaska, Plaintiff was eventually informed that she did not have a job with Defendant. Synopsis of Rule of Law. A claim for promissory estoppel may be brought in an employment situation, even if the agreement is unenforceable under the statute of frauds. ...
Taylor v. Quality Hyundai, Inc
Citation150 F.3d 689, 1998 U.S. App. Brief Fact Summary. The Plaintiffs, Jerry and Mary Taylor (Plaintiffs), sued the Defendants, Quality Hyundai, Inc. (Quality) and Bank One (Defendants), for violations of the Truth in Lending Act (TILA). Synopsis of Rule of Law. Any civil action brought for a violation of the TILA that may be brought against a creditor, may be maintained against any assignee of the creditor, but only if the violation of the TILA is apparent on the face of the disclosure statement. ...
Norcon Power Partners v. Niagara Mohawk Power Corp
Citation92 N.Y.2d 458, 705 N.E.2d 656, 682 N.Y.S.2d 664, 1998 N.Y. 4045 Brief Fact Summary. The Plaintiff, Norcon Power Partners (Plaintiff), sued the Defendant, Niagara Mohawk Power Corp. (Defendant), seeking a declaration that the Defendant had no right to demand adequate assurances under New York State law. Synopsis of Rule of Law. At common law in New York, as in the Uniform Commercial Code (UCC), where reasonable grounds arise to believe a party will breach a contract, the other party may demand adequate assurances of performance. ...
New England Structures, Inc. v. Loranger
Citation354 Mass. 62, 234 N.E.2d 888, 1968 Mass. 763 Brief Fact Summary. Loranger (Plaintiff), a general contractor, sued New England Structures, Inc., (Defendant) for damages after Plaintiff terminated the parties’ agreement due to a breach. Defendant counter-sued for damages arising from Plaintiff’s termination of the agreement. In consolidated cases, the trial court found in favor of Defendant in both actions. The Supreme Judicial Court of Massachusetts reversed. Synopsis of Rule of Law. A party that terminates a contract due to breach by the other party may rely on all of th ...
Hochster v. De La Tour
Citation118 Eng.Rep. 922 (Queen’s Bench, 1853). Brief Fact Summary. Hochster (Plaintiff) entered into a contract with De La Tour (Defendant) to accompany and assist Defendant on a three-month trip. Before the trip was scheduled to begin, Defendant informed Plaintiff that he no longer needed him. Plaintiff sued, and the court, Lord Campbell, C.J., ruled in favor of the Plaintiff. Synopsis of Rule of Law. A party who receives clear notice of repudiation of a contract before performance is due may bring suit immediately, before the performance is due. ...
Peacock Construction Co. v. Modern Air Conditioning, Inc
Citation353 So.2d 840 (Fl. 1977). Brief Fact Summary. In this consolidated appeal, the Respondents, Modern Air Conditioning, Inc. (Modern) and Overly Manufacturing (Overly) (Respondents) each subcontracted with the Petitioner, Peacock Construction Co. (Petitioner), to perform work on a condominium project. When the owners of the condominium did not pay the Petitioner, it did not pay the subcontractors. Synopsis of Rule of Law. The interpretation of a contract is a question of law, not fact. ...
Groves v. John Wunder Co.
Citation205 Minn. 163, 286 N.W. 235, 1939 Minn. 738, 123 A.L.R. 502 Brief Fact Summary. Defendant John Wunder Co., entered into a contract with Plaintiff S.J. Groves & Sons Company, to remove sand and gravel from Plaintiff’s premises and leave the property “at a uniform grade, substantially the same as the grade now existing at the roadway.” Defendant paid Plaintiff $105,000 but willfully failed to leave the property at a uniform grade. Synopsis of Rule of Law. The proper measure of damages is the reasonable cost of performing the part of the contract that the defendan ...
Ricketts v. Scothorn
Citation57 Neb. 51, 77 N.W. 365, 1898 Neb. 346 Brief Fact Summary. Defendant executed a promissory note for $2000 payable with 6% annual interest. Plaintiff sought to enforce the note and alleged that the consideration for the note was her promise to quit her job as bookkeeper and to stop working for a living. Defendant would rely on the interest as a means of support. Synopsis of Rule of Law. Equitable estoppel bars a party from asserting lack of consideration where reliance was induced by the party asserting there was no requisite consideration. ...