Contracts Cases Flashcards
- O conner
Doctor repeatedly solicits entertainer, O’ Conner, for cosmetic nose surgery.
The surgeries made her nose uglier.
She sues for breach of contract, and wins
- Embry
Embry is a salesman on one year employment contract
Embry repeatedly asked for another contract otherwise he would quit
Boss replies “go on, don’t worry about that and get your men out there.”
Embry is fired, sues for breach of contract, and wins.
- West
West bought a horse, but it was broken.
West tried to return the horse and failed.
Delivery man took the horse to a farm, stated the horse’s ownership was in dispute
Farm owner sued West for cost of care on implied contract, and lost.
- Zehmer
Zehmer, the boy, and their wives go out drinking.
They argue and posture over weather the boy and his wife could buy zehmers farm for 50G.
They haggle, write details down on a napkin.
The boy sues for ownership of the farm, and wins.
- Lonergan 5-6 steps.
Lonergan tries to buy property from a guy in the newspaper but needs help finding it.
On the 8th defendant sends letter to tell him he found it, lonergan corresponds asking for extra info.
Other guy sends a letter back, warning he is going to sell soon.
Couple days letter sells the land.
Lonergan gets letter on 14th, sues and loses.
- Lefkowitz
Fur coat selller advertisesin the paper “$100 coats for $1” first come first serve.
Lefkowitz tries to buy saying the advertisement was an offer.
Fur coat seller informed hidden rule that its only for women. Lefkowitz sues and wins.
- Pepsico
Pepsi makes funny, joking ad showing a jet for 7,000,000 pepsi points.
You get points for drinking pepsi
Offer isnt not in catalogue that the commercial says to reference.
Guy sues to try and get the jet and loses.
- Carbolic Smoke ball
There’s an ad that says it will offer 100 to anyone who purchased a smoke ball, used it and caught influenza.
Advertiser puts a grand away in the bank to show their sincerity
Lady does the thing and still catches the flu
Sues and wins for. breach of contract.
- Lederle
Lederle put order in for pharmaceutical at a low price.
Pharmacudical price was changing soon.
Defendant only gave a small amount “as an accomadation” at that price with their response letter.
Lederle sued, and lost
- Evertite Roofing
Roof guy offered roofing company work contingent upon a credit check.
Ever-tite began started loading truck once the credit check went through.
Roofguy gave work to other company two days earlier and told evertite no.
Evertite sued for breach and won.
- Wilson and Co
Guy puts a purchase order for shortening.
Wilson historically had accepted within 7 days.
After 12 days of silence, Wilson rejected after a price increase.
Other guy wins.
- Schreiber
Schreiber was called by a telemarketer.
Sent them a letter for listening services.
He received two phone calls, sued for payment.
Schreiber lost
- Dodds
on the 10th, Dodds gave a written offer for property to a guy open until the 12th.
On the 11th, Dodds changed hs mind, sold it to different guy while the first guy dropped off acceptance letter at Dodds house.
Dodds was found by the first guy on the 12th, but said he already sold the property.
Dodds won.
- Ricketts
Ricketts Promised 2 grand to grandaughter + 6% interest per year so that she didnt have to work.
Grandaughter quits her job.
Ricketts dies, and granddaughter sued for the remaining sum. She wins.
- Congregation Kadimah
Guy on his death bed promised Kadimah 25,000, not in writing.
Guy died, and Congregation Kadimah sued for the money to build a synagogue. The guy won.