Contracts Brief United States Naval Institute v. Charter Communications, Inc. Procedural History: Found in District Court in favor of Plaintiff. Awarded Naval $35,380.50 in damages and $7,760.12 as profits wrongful received by defendant. Naval appeals decisions on grounds that they were not awarded a large enough amount of profits. Charter cross-appeals the judgment as a [...]

Contracts Brief Sullivan v. O’Connor Procedural History: Jury trial finds breach of contract but not negligence. O’Connor appeals contending that the trial judge had erred in instructing the jury about the issue of damages Facts: Plaintiff hires Defendant to perform surgery on her nose. Defendant claims he can fix her nose in two operations. The [...]

Contracts Brief X.L.O. Concrete Corp v. Rivergate Corp. Procedural History: Trial Court dismissed the complaint and Rivergate appealed. Appealed Affirmed. Facts: Sub Contractor entered into a written contract on May 12, 1983 with the general contractor for a concrete superstructure in Manhattan. Sub fully performed obligations and sought payment of $844,125.07 which was the balance [...]

Contracts Brief Strong v. Sheffield Procedural History: Plaintiff sued in trial court because Plaintiff demands payment and Defendant was unable to pay. Judgment for Plaintiff Defendant Appeals. Reversed Facts: Plaintiff sold his business to Louisa Sheffield’s husband Gerardus on credit. Defendant, Louisa Sheffield endorsed a promissory note which was payable on demand. Plaintiff request payment, [...]

Contracts Brief Owen v. Tunison Procedural History: Judgment for Defendant Facts: Plaintiff alleges that Defendant agreed in writing to sell him the Bradley block and lot situated in Bucksport. Defendant allegedly later refused to sell the land. Plaintiff claims to have always been willing to pay the price and as a result of not having [...]

Contracts Brief Mills v. Wyman Procedural History: Mills sued Wyman in Court of Common Pleas Nonsuit for D Mills appeals Affirmed Facts: Levi Wyman returns from a voyage at sea and falls ill. He was poor and in distress and thus cared for by Daniel Mills for about two weeks. Mills incurred numerous costs related [...]

Contracts Brief Joseph A. Lonergan v. Albert Scolnick Procedural History: Court found in favor of Defendant Plaintiff Appeals Affirmed Facts Chronologically: March 1952 (Defendant/Seller) Defendant places an ad in the LA paper reading: “Joshua Tree vic. 40 acres,…need cash, will sacrifice” APPELLATE COURT OPNION: This was a mere request for an offer. March 26, 1952 [...]

Contracts Brief Lake Land Employment Group of Akron, LLC v. Columber Procedural History: Trial court finds for D on summary judgment. There was no consideration on non-compete contract. P Appeals. Court of appeals confirmed. Facts: D is an employee of P from 1988 to 2001. D signed the non-competition agreement. After being discharged from working [...]

Contracts Brief Kirksey v. Kirksey Procedural History: Plaintiff sues in District Court In favor of the widowed wife, plus $200 Defendant appeals Reversed in favor of Brother. Facts: P is the wife of the Defendant Brother She has for some time been a widow and has several children. Currently resides on public land under a [...]

Contracts Brief Hoffman v. Red Owl Stores Procedural History: Jury gave a special verdict assessing the following damages: $16,735 for the sale of the Wautoma Store $2,000 for the sale of the bakery $1,000 for taking up the option on the Chilton lot $140 for moving expenses Neenah $125 for house rental in Chilton. Trial [...]