Case Brief Phillippe V. Shapell Industries Allison Kirts FACTS Phillippe was contracted by Shapell in 1972 in order to purchase a 78-acre piece of land in the San Diego area. Phillippe was the agent for the landowner. Shapell purchased the property in 1972 and paid Phillippe $153,100 for his services as a broker. Early the next year Phillippe was sought out by Shapell to assist in other purchases. The agreement was oral. Shapell orally promised Phillippe, for Shapell that he would pay him a commission for any land submitted and purchased by Shapell. He also requested that the amount be written. Phillippe continued to try to close a sale of the a particular property to Shapell. In February 1974 Shapell learned that land was available for sale. He initiated direct negotiations between himself and the owner. In 1976 Shapell signed for 63 …show more content…
Phillippe indicated that he had agreed to work with Shapell responded by letter telling Phillippe that they would not pay him a commission. Shapell claimed that no mutual agreement of representation had been signed and the negotiations that lead to the purchase did not include Phillippe. In 1977, Phillippe filed against Shapell in order to be paid a 6 percent commission for the sale of the property, he also included other damages. The case was heard in 1982 and went to the jury with three options for recovery. First, Phillippe wanted recovery of a 6 percent commission because they had a written agreement of employment. Second, Phillippe sought a 6 percent fee based on the agreement he thought he had with Shapell. Third, he sought a 6 percent commission based on an alleged agreement between himself and Shapell. The jury found in favor of Phillippe and awarded $125,000 on his first theory, but rejected his other two. The trial court denied Shapell's motion for a new trial and entered judgment in favor of
2. The second issue for review is whether the trial court erred in directing a verdict for the contestant Austin by refusing to allow the 1984 codicil to be submitted to the jury.
case brief---Gregory, a comedy writer, entered into a contract with Wessel, a comedian. The contract provided that Gregory would provide Wessel with a 15 minute monologue for his upcoming appearance on the comedy hour and Wessel will pay $250 to Gregory. All performers could make $500 per appearance on the comedy hour. and when Wessel was scheduled to aper on the comedy hour, Gregory informed him that he was unable to provide the monologue, because last time Wessel was asked to make special guest appearances at three local comedy clubs performance during the comedy hour. and Wessel bought lawsuit to Gregory for beach of contract and request damages of $1250.
• Contracts were exchanged on 2 May 2005 for the purchase of property for $2,130,000 between the plaintiffs and the first defendant.
Mr. Slim Jim verbally submitted an offer to Mr. Potbelly who proceeded to accept Mr. Slim Jims’ offer unequivocally (pg. 122). The “Basic Requirements of a Contract” (pg. 107) were completed. In this bilateral contract (pg. 107), “Communication of Acceptance” (pg. 123) was evident as Mr. Potbelly responded “Sure I’ll take it” when Mr. Slim Jim submitted an offer for the pottery and enthusiastically replied “I’ll take it!” when Mr. Slim Jim gave him an offer of cash for his home. As a result of this, Mr. Slim Jim is suing for the “right to obtain specific performance” asking that the agreement be upheld. Also, according to “admissions” (one of the “exceptions to the statutes of frauds” (pg. 175) Mr. Potbelly’s agreement should be upheld.
In the Hoffman Vs. Sun Valley Company case, where the Sun Valley Company won, despite there being an oral agreement. The prerequisite memorandum form for the sale of the Rudd Mountain property, was not signed to fully close the deal. Thus, the oral agreement was declared void by failure to comply with the statute of frauds.
Mark Grossman purchased of the “Marlton’s Cove” painting from Andre Lopoukhine not knowing that Andre Lopoukhine would not being paying Morgold Inc. Mark Grossman then sold the painting to Fred Keeler through an art dealer. Fred Keeler was not informed of the title dispute when he purchased the painting. Mark Keeler also would be considered a good faith purchaser. He did not know that the painting had a title dispute and Mark Keeler paid a fair mark
This discussion board post will respond to various questions regarding the Contracts Analysis Case Study involving Marshall Petersen and his local health food business from a
Problem: David H. Lucas purchased two beach front lots on Isle of Palms in Charleston
What did the trial court do? Who won and lost? What did the trial court say?
an explanation of why and how each decision was made throughout the entire trial. The basis
The condemnation commissioners came along and found piece after piece of land under the name George Plunkitt of the Fifteenth Assembly District, New York City. They wondered how he knew just what to buy.
The issue here becomes whether the court’s decision was the right one or if they could have come up with a different decision had the case been studied from different perspectives making the decision wrong. Both arguments (for and against the Court’s decision) are discussed below, but I personally believe that court’s decision was the only right one to make.
In a letter to his brother, Terrell explains that he found the lands and its artifacts were captivating (“Dear Brother”). Frank Calvert, an advocate for the site, accompanied Terrell on his outing. Calvert, himself, owned portions of the land and its contents. However, because Calvert was undergoing “financial straits” (“Terrell to Walton” 4), he pursued the selling of the land with its artifacts. In an attempt to keep the land and its belongings in “competent hands" (“Calvert to Terrell” 4), Calvert offered the land to Terrell for a cost of which Terrell found to be greatly undervalued (“Terrell to Walton” 5). As shown in his letter to Maj. Walton, Terrell urged the University to purchase the lands because he believed it would make for “a nucleus of a Texas museum” (“Terrell to Walton” 5). Terrell preceded to approach the University of Texas with the offer who, in turn,
95. This was a sharecropping contract between Thomas J. Ross, a land owner, and 8 freedmen. The contract set the rules, regulations, and remunerations for sharecropping Ross’s land.
Since the Court of Appeals issued a ruling in favor of M’s appeal and reversed the lower court’s ruling on the matter in 2010, which means the Court of Appeals overturned the jury verdict and the $18.5 million judgment against M.