Posted by John T Country Lawyer on December 11, 2010 at 12:33:21 from (66.244.97.31):
In Reply to: O.T. Contract posted by NEsota on December 11, 2010 at 11:50:41:
AS AN ATTORNEY I LOVE IT
Thats a very well written opinion which represents long settled contract law, but primarily the issue of whether Summary Judgment was correct or not. HOWEVER, entire books and libraries are full of Summary Judgment, it cant be mastered by reading only one little case. In the first year of Law School the student reads and briefs HUNDREDS of cases like these from which he learns "The Law" and how to "Think like a Lawyer" It was hard work (especially when over forty years old lol) but I'm glad I endured it, education is something they cant take away from you...
Plain laymans language is the modern trend with which I agree and it's my style of drafting.
HOLDING: Because we conclude there is a genuine issue of material fact as to whether the parties modified the written contract, summary judgment was inappropriate.
FURTHER PROCEEDINGS
We therefore vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for further proceedings.
So did the Contractor win or loose????? We dont know yet, it was remanded and has to go back to court. The case mostly stands for the proposition that Summary Judgment was improper because fact issues remained unresolved that the fact finder has to now determine and THEN the law will be applied to the facts as found.
"REMEMBER, the OLDEST and purest Common Law concerns Property Law, all these other upstart Johnny come lately laws are just methods to preserve and protect property rights" From my Propery Law Professor years ago....
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - An AC Model M Crawler - by Anthony West. Neil Atkins is a man in his late thirties, a mild and patient character who talks fondly of his farming heritage. He farms around a hundred and fifty acres of arable land, in a village called Southam, located just outside Leamington Spa in Warwickshire. The soil is a rich dark brown and is well looked after. unlike some areas in the midlands it is also fairly flat, broken only by hedgerows and the occasional valley and brook. A copse of wildbreaking silver birch and oak trees surround the top si
... [Read Article]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
