Contracts Cases - **** ME **********

Schnell v. Nell

1 cent in consideration for $200. Consideration cant be a guise for a gift to be binding.

Sullivan v. O'Connor

3 unsuccessful nose jobs. Reliance method for calculating damages.

Batsakis v. Demotsis

500,000 Drachma ($25 USD) in exchange for 2,000 USD. Inadequacy of consideration does not void contract.

Leftkowitz v. Great Minneapolis Surplus Store

Ad for $1 coats Offer was clear, definite, and explicit

Meyer v. Uber Technologies

Arbitration clause dispute. A smartphone app user has reasonably conspicuous notice of the app's terms of service if a reasonably prudent user would have known about the terms and the conduct that would be required to assent to them.

Norcia v. Samsung

Arbitration clause in 100+ page brochure. No express consent = no mutual assent Silence does not equal acceptance here.

Lingenfelder v. Wainwright Brewery Co.

Architect pissed bc he did not get new contract. He threatened to stop work. Contractor offered him more money but never paid. Pre-existing duty rule

Loring v. City of Boston

Arsonist case with offers in newspaper for reward upon turning in of arsonist. 4 years after ads stop, man turns in arsonist and wants reward. lapse in time = revocation If not stated than a reasonable time depending on context

Kafka v. hess

Aunt sues over improvements to house left to nephew. Since he did not know of benefit occurring, no unjust enrichment. Enrichment damages = value of benefit received

Schnell v. Perlman

Bad onion! lesser amount paid by check (paid in full), it was cashed. Accord and satisfaction

Universal Computer Systems v. Medical Services Association of PA

Bid for computer and subsequent promise to pick up that never happens. Apparent authority test Promise led to reliance and an ultimate detriment. Promissory estoppel.

Hibschman Pontiac v. Batchelor

Car Dealership schemers. Punitive damages when D's actions are tortious.

Hadley v. Baxendale

Carrier did not know Mill could not run without the crank they were transporting. Breached their contract with late delivery. Not responsible for expectation damages if not foreseeable if was not made aware of special situation.

Allegheny College v. National Chautauqua County Bank

Charitable giving to college in exchange for memorial fund. Consideration mutually motivated each other.

Freund v. Washington Square Press

Contract for publication of manuscript breached. Could not establish damages to a reasonable certainty.

Beard Implement Co. v. Krusa

Contract for purchase of a combine. If document expressly states how to accept, must accept in that manner.

Lake River Corp. v. Carborundum Co.

Contract with "minimum quantity guarantee". Liquidated damages must be reasonable, or else penalty clause and not enforceable.

United States v. Algernon Blair inc.

Contractor Breaches contract w subcontractor. Unjust enrichment bc expectation would have resulted in no recovery.

Eastern Dental Corp. v. Isaac Masel Co.

Dental equipment agreement lasting 4 years but nothing in writing. Statute of frauds, goods in excess of $500. No proof of contract existence thus no contract.

Centex Homes Corp. v. Boag

Deposit on condo, breaches contract. Specific performance denied as remedy bc damages were easy to determine. Specific performance only granted if damages are difficult to ascertain.

Stilk v Myrick

Deserters on a boat; Captain promises to pay their wages to rest of crew, but reneged. No new consideration given by workers Pre-existing duty rule

Lucy v. Zehmer

Drunk contract negotiations Objective manifestation of behavior - reasonable person standard

Commerce & Industry Insurance Company v. Bayer Corporation

Fire at mill UCC 2-207 additional terms

PFT Roberson v. Volvo

Fleet agreement over email that was 600 words long and missing necessary elements. No mutual assent if what is agreed to is missing essential terms.

Hawkins v. McGee

Hairy Hand case Expectations damages

Wood v. Lady Duff-Gordon

Influencer breaches contract to give man exclusive right to place endorsements. Influencer argues no consideration. He never promised to place endorsements. implied covenant of "good faith and fair dealing"

1464 Eight LTD. v. Joppich

Land contract with option clause to repurchase if no development. Never turned over extra consideration. Does not matter, just needs to be in contract. The failure to deliver nominal consideration recited in an option contract does not preclude enforcement of the option contract.

Walker v. Keith

Lease of Land contract included provision for additional 10 years without set price. When essential terms of agreement are indefinite (such as price set by fair market value) --> No contract

2949 v. McCorkle

Leased sign for flower company irrevocability (option clause) with no extra consideration is no contract

Rego v. Decker

Leases of gas station and land with option to reknew/purchase. Terms of agreement "certain enough" bc equation to fill gaps. Contract enforceable.

Laclede Gas Co. v. Amoco Oil Co.

Long-term contract supply propane. Specific performance granted because, no damage remedy would fix his need for the supply of propane.

Stepp v. Freeman

Lottery pool Case Implied in fact contract, Repeated course of dealing shows mutual assent.

Morrison v. Thoelke

Man puts acceptance in mail then calls to revoke. Cant do that! Mailbox rule case - Once in mail, offer accepted.

Humetrix v. Gemplus

Medical data app for phones. Positive evidence that company would have made money but for the breach. In this instance an estimation (through economist) is kosher.

Merry gentleman, LLC v. George and Leona Productions, Inc.

Michael Keaton movie. P must show the breach is what caused damages to a reasonable certainty.

Waddle v. Elrod

Niece tries to rip off aunt regarding real estate, gets caught, then goes back on agreement. Email signature satisfied the UEA.

Rockingham County v. Luten Bridge Co.

Notification to stop working on bridge, builder kept building anyway. Duty to mitigate damages. Expectation damages in halt of contract. Amount of OG net profit + amount spent - costs/losses avoided = damages

Dickinson v Dodds

Offer to sell land withdrawn before acceptance. Offers can be revoked at any time absent an option contract/clause

Britton v. Turner

One year employment contract, quits after 9 months. Gets paid despite not finishing contract for work done. Quantum meruit --> value of services given.

Lumley v Wagner

Performance contract for theatre performance. Cant force someone to work, so no specific performance. But can enforce an injunction to keep someone from working elsewhere.

Fujimoto v. Rio Grande Pickle Co.

Pickle company disgruntled employee's new contract. If no mode of acceptance listed, Overt actions/gestures suffice Exception to "silence"

Princess Cruise Lines v. General Electric

Predominant purpose test for boats inspection/replacement of parts. Common law: Mirror image rule --> Counter offer = Rejection

Davis v. Jacoby

Promise to give estate for promise to care for sick wife after Bilateral contract is a promise to perform for a promise to perform

Hoffman v. Red Owl Stores

Promises made by supermarket executive caused great reliance on behalf of Hoffman. Promissory Estoppel

Phillips v. Moor

Purchase of hay burns before it can be given to buyer. If offer accepted and offeror no longer interested. Must let them know right away. Principle of latches

Northrop Corp. v. Litronic Industries

Sale of computer boards Ucc 2-207: Different terms in counter offer (knockout rule - competing terms drop out, gaps filled by UCC) Posner.

Harris v. Watson

Ship in danger, captain offers to pay for "extra work" but never does. Preexisting duty rule: initial contract cannot be modified unless additional consideration is provided beyond the preexisting duties assigned to both parties under the initial contract. ADD TO OUTLINE: The rule does not apply when unexpected or unanticipated difficulties arise during the course of performance of a contract that prompt parties to voluntarily modify the terms of the initial contract.

ProCD v. Zeidenberg

Shrink wrap license case. Accepted by using the product. Easterbrook opinion

Mills v. Wyman

Son returning from sea gets sick, woman cares for him he dies. Father writes letter promising to pay expenses. Never pays. Past consideration is not consideration, moral obligation is not consideration on its own.

Professional Bull Riders v. Autozone

Sponsorship agreement that could be completed in a year. If a contract is for multiple years but can be completed in less than a year, does not have to be in writing to be enforceable.

Peevyhouse v. Garland Coal & Mining Co.

Strip miners lie about fixing property. Value of property before and after supposed to performance would have only been a $300 difference. Court Ruled it would be economic waste to induce specific performance.

Santorini Cab Corp v. Banco Popular North America

Taxi medallions case. Value of item calculated at the point of breach.

Teradyne, Inc. v. Teledyne Industries

Transistor test system, buyer cancels order. Lost volume seller, so expectations damages Damages = net profits expected.

Hamer v. Sidway

Uncle-nephew consideration as refraining from fun shit. Forbearance is consideration

Day v. Caton

Wall built on property line Silence + benefit of services = voluntary acceptance Could be construed as implied in-law contract

Horn Waterproofing Corp v. Bushwick Iron & Steele Co.

Waterproofing job that was only partially completed. "Under protest" on check that said "paid in full". Writing under protest reserves right to collect remained under accord and satisfaction doctrine.

Maglica v. Maglica

Woman benefited her mans business but had no contract. Contract was implied in fact -> therefore Quantum meruit Damages are value of services given

Fiege v. Boehm

Woman does not pursue bastardy claim in exchange for $ to raise kid. Forbearance to sue for lawful claim is sufficient if party believes in good faith at time of agreement the claim was true.

Parker v. Twentieth Century-Fox Film Corp.

Woman gets offered a movie role. Then production company breaches and takes it away, then offered another one again. Production company argued she had duty to mitigate damages and accept new role. Substitute work must be substantially similar; duty to mitigate damages.

Webb v. McGowin

Worker suffers life altering injury saving the other mans life. Exception to moral obligation as consideration. Past consideration for moral obligation + subsequent promise = consideration.