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.
- Star-Paving
Contractor Star Paving bid on a school contract with a subcontractors original bid in mind.
When he Star paving won their bid, subcontracter said they wouldn’t do it for the price they originally specified.
Star paving had to pay someone else more, and sued subcontractor. Star-paving sued and won.
- Adams
on the second, Guy sent an offer to try and sell Adams wool.
Adams did not get letter until the 5th, an unusually long time.
By the time Adams got back to the other guy, he had already sodld the wool.
Adams sued and won.
- Wichelhaus
other guy offered to sell a certain amount of cotton to Wichelhaus from a ship named peerless.
There were two ships named peerless, and which one the cotton on wasn’t specified.
When the cotton arrived “late” Wichelhaus refeused to accept it.
Other guy sued, and lost.
- Hamer
Hamer was promised 5 grand for refraining from tobacco use, gambling etc. until 21.
At 21, Uncle said money should wait until he’s older and Hamer agreed.
When Uncle died, Hamer sued estate for the money and won
- Kirksey
Kirksey, the brother promised Kirksey, the wife if you come here, your family can live there.
Brother Kirksey kicked them out after 2 years.
Kirksey the wife lost.
- In re green
Green promised his extra marital lover 1,000 a month plus rent for her aparment.
Only $1 as consideration.
Green declared bankruptcy, and woman filed claim against his estate.
She lost.
- Blumenthal
Landlord had a contract with Blumenthal to be charged 175 for rent year 1 and 200 for rent year 2.
Landlord promised to reduce rent to original after business wasnt’t going well, for the length of time until business goes well.
Landlord sues Blumenthal for difference in year two. Landlord wins.
- Alaska Packers
Fisherman had a contract with Alaska Packers to fish.
When they got to Alaska, thee refused to fish until they got paid more.
Alaska packers agreed to pay them more, but only paid them original amount when they got back. The fishermen sued and lost.
- Angel
Every 5 years guy’s trash collection contract was renewed with the city.
Suprise! 400 new people moved to the city, so city council agreed to pay him more.
Angel the Karen said the new contract was illegal. He sued and lost.
