Scribd Feed for category: LawThis is a feed for documents in the category LawCrechale & Polles, Inc. v. Smith- August 28, 2008 Case: Crechale & Polles, Inc. v. Smith Procedural History: Lower court said lessees not liable as holdover tenants for an additional term of 1 year. Facts: Lease was for 5 years. Near the end of the lease, lessor informed that the new building he was planning to occupy would not be complete for a couple of months after the end of his lease. When lessee went to get an extension on the lease, there was an alleged oral K for the lease extension. Lessee then sent lessor a letter confirming oral.http://www.scribd.com/doc/5257808/Crechale-Polles-Inc-v-Smith Garner v. Gerrish- August 28, 2008 Case: Garner v. Gerrish Facts: Lease said "tenant has the privilege of termination of this agreement at a date of his own choice." There was also a provision that said landlord has a right to reentry if rent is not paid, and there is a 30 day grace. Tenant paid his rent timely. Owner dies, and executor of his estate, petitioner, served tenant with notice to quit the premises, but tenant refused. Petitioner then commenced this action to have tenant evicted. Petitioner argues: lease created a..http://www.scribd.com/doc/5257780/Garner-v-Gerrish Baker v. Weedon- August 28, 2008 Law of Waste (5) Baker v. Weedon (Duk 197-201) Facts: Decedent leaves his 3rd wife Anna his farm in a life estate with a contingent remainder to her children or if she had no children, to his grandchildren from previous marriages. Anna never has any children. Anna is old now and destitute, and she cannot run the farm, so it has no use to her, and she wants to be able to sell it because she needs the money now to live. Also, the farm is now worth a lot of money, and is increasingly gaining...http://www.scribd.com/doc/5257750/Baker-v-Weedon- White v. Brown- August 28, 2008 Case: White v. Brown (Duk 190-195) Facts: Jessie Lide died, and left a will that states, "I wish Evelyn White to have my home to live in and not to be sold." Ms. White filed action to declare that she had fee simple interest in the home. The nieces and nephews of the testatrix are the defendants in the action and claim that Ms. White has only a life estate in the home. Issue: Whether the will creates a fee simple rather than a life estate Holding: Court says it was a fee simple. The words...http://www.scribd.com/doc/5257727/White-v-Brown- Johnson v. M'Intosh- August 28, 2008 Acquisition by Discovery Case: Johnson v. M'Intosh district court found for D. In Supreme Court. Procedural History: Facts: Johnson (P) bought land from Indian tribes. D, M'Intosh, subsequently obtained a land patent to this same land from the United States federal government. The Plaintiffs were lessees of Johnson's descendants, who had inherited the land. P brought an action for ejectment against D in the Illinois District Court, contending that it the land belonged to them by virtue of...http://www.scribd.com/doc/5257688/Johnson-v-MIntosh Jacque v. Steenberg Homes, Inc.- August 28, 2008 Case: Jacque v. Steenberg Homes, Inc. (1997, WI) 87-88 Summary: D sought permission from P to cross his land to deliver a trailer. D would have otherwise had to take the trailer through a dangerous section of road and use special equipment to negotiate the curves. P denied permission, and D ordered his employees to cross P's land anyway. Compensatory damages was only $1 (no actual harm). Issue was about the punitive damages of $100,000 awarded, which was not proportional to compensatory...http://www.scribd.com/doc/5257530/Jacque-v-Steenberg-Homes-Inc- State v. Shack- August 28, 2008 Case: State v. Shack (1971, NJ) 88-90 Summary: D (gov't workers - non-profit) that were established to provide legal and medical aid to migrant farm workers. D went to P's farm to render medical attention to one farm worker and legal advice to another. P stopped them and told them that legal advice will only be given in his office and in his presence. D refused, bc the workers had a right to privacy, and to see them in their own homes. P called the police and defendants were convicted under a.http://www.scribd.com/doc/5257550/State-v-Shack- Parklane Hosiery Co. v. Shore- August 28, 2008 Between Which Parties: The Precluder Case: Parklane Hosiery Co. v. Shore (US, 1979) CB 695-702 439 U.S. 322 Facts: Action 1: Govt sues Parklane that they issued a misleading statement and govt wins. Action 2: shareholders sued for damages based on the same misleading statements. RULE: It is within the trial courts' broad discretion to determine when offensive collateral estoppel should be applied; however, in cases where a plaintiff could easily have joined in the earlier action, or where the.http://www.scribd.com/doc/5257421/Parklane-Hosiery-Co-v-Shore- Illinois Central Gulf Railroad v. Parks- August 28, 2008 Issue Preclusion: An Issue "Actually Litigated and Determined" Case: Illinois Central Gulf Railroad v. Parks (1979, IN) CB 688-691 181 Ind. App. 141, 390 N.E.2d 1078 Facts: 1st Action: The Parks car collided with an Illinois Central train. The Parks sued the railroad for personal injuries. Bertha sought damages for her injuries, and Jessie sought damages for loss of Bertha's services and consortium. Bertha recovered $30k, but Illinois won on Jessie's claim. 2nd Action: Then Jessie sued...http://www.scribd.com/doc/5257389/Illinois-Central-Gulf-Railroad-v-Parks- Saylor v. Lindsley- August 28, 2008 Judgment "On the Merits" Case: Saylor v. Lindsley (2nd, 1968) App 188-192 391 F.2d 965 Facts: 1st action: Hawkins, on behalf of Tonopah Corp, brought an action against various officers and directors of Tonopah and against corporations controlled by such officers and directors, alleging securities law violations and breaches of fiduciary obligations. The complaint was dismissed "with prejudice" when Hawkins failed to post a bond for security for costs as required by NY statute. 2nd Action:...http://www.scribd.com/doc/5257352/Saylor-v-Lindsley- |