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fall 2008 sample case brief for format

fall 2008 sample case brief for format - understood as an...

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Sample case brief Nebraska Seed Co. v. Harsh, 98 Neb. 89 (1915) Facts : Defendant sent plaintiff a letter describing 1800 bushels of seed saying, “I want $2.25 per cwt. for this seed. . .” Plaintiff accepted this offer, but defendant refused to complete the deal claiming there was no contract. Course of Proceedings: case at ___ ct -- Plaintiff won and defendant appeals. Issue : Is the letter a contract? Decision : No. Reasons : 1. The statement of price is not an offer to sell. 2. Such language is used in advertising and cannot be turned into a contract by the acceptance of the one receiving it. 3. “Mere statement of the price at which property is held cannot be
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Unformatted text preview: understood as an offer to sell. 4. Details needed to make it a contract are omitted, and there is no acceptance. Prof. Shubins comments: This is a sample case brief for format purposes. When you brief your case, make sure you identify the plaintiff and defendant by name. Then, use the real names in the facts, rather than plaintiff and defendant. Ive added a course of proceedings into the facts to identify how the case got to the case brief court and can explain what court the case came up from if it is an appeal. The paragraphs in the reasons section can be numbered, but they do not have to be numbered....
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