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Author Topic: Contracts  (Read 13490 times)

Dicta

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Re: Contracts
« Reply #30 on: November 15, 2004, 11:39:44 PM »
Boy, she was surely forthcoming tonight.
Someone must have slipped her some truth serum.....or the Dean got enough complaints!
 ???
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)

steviej

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Re: Contracts
« Reply #31 on: November 16, 2004, 12:51:31 AM »
what happened in class?

jeffjoe

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Re: Contracts - Oh, my God.
« Reply #32 on: November 16, 2004, 10:44:36 AM »
Oh, my God,  :o they actually use the stuff they teach us.  We just recently covered mistake in contracts.

KENNETH STINNETT, ET AL v. DUDLEY D. JOHNSTON, ET AL.
Court:TCA

Attorneys:                         

Lynne Denell Swafford, Pikeville, Tennessee, for the Appellants,
Dudley D. Johnston and Robert E. Johnston.

J. Arnold Fitzgerald, Dayton, Tennessee, for the Appellee, Kenneth
Stinnett and wife, Rebecca S. Stinnett.

Judge: LEE

First Paragraph:

This appeal involves an acreage deficiency in the conveyance of a
subdivision lot. Both parties to the transaction believed that the lot
contained 2.4 acres.  However, a survey after the sale determined that
the lot contained only .93 acres. The parties did not learn of the
acreage discrepancy until after the buyer had constructed a house
foundation which extended approximately 15 feet across the boundary
line onto a neighbor's property. The trial court determined that there
had been a mutual mistake as to the quantity of land conveyed and
ordered a  rescission of the transaction. The trial court awarded the
buyer damages in the amount of $17,275.60 representing a refund of the
purchase price, reimbursement for grading, labor, construction
materials, and closing costs for the house construction loan. The
seller appealed.  We affirm the trial court's decision to rescind  the
transaction based upon mutual mistake, but modify the award of
damages.

http://www.tba.org/tba_files/TCA/stinnekenneth.wpd
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Dicta

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Re: Contracts
« Reply #33 on: November 16, 2004, 01:26:07 PM »
what happened in class?
She was just very straightforward about the memo and the Bluebook exam.
It was like a different person showed up. WIERD!  ???
Until you go too far, you will never know how far you can go.
TS Eliot (poorly paraphrased by myself)

jeffjoe

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Re: Contracts
« Reply #34 on: November 27, 2004, 07:01:53 PM »
I finally got around to listening to the contracts lecture from the class I missed.  This is why I like Lewis.  He told us in so many words, do not ask questions when you know the answer.

I used to teach technical classes and often got students who would ask a question just to show that they know the answer. 
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jeffjoe

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Re: Contracts
« Reply #35 on: November 28, 2004, 10:14:45 PM »
Ya gotta love this case.

Machinery Hauling, Inc. v. Steel of West Virginia, 181 W.Va. 694, (W.V. 1989)

"[T]he plaintiff alleged that Defendant ... negligently attempted to extort money..."

Now how in the world do you negligently extort?
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jeffjoe

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Re: Contracts
« Reply #36 on: January 02, 2005, 02:53:00 PM »
don't forget blue books and scratch paper.
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jeffjoe

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Re: Contracts
« Reply #37 on: January 11, 2005, 03:11:34 PM »
Let's see.  Prof is going half-way around the world, will grade exams during the 30 hours in the air, and we will probably have to wait until the 24th for our mid-term exam grades.  Yes,no?
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Slyone

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Re: Contracts
« Reply #38 on: January 12, 2005, 12:14:20 AM »
sounds about right......
If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate.
Oliver Wendell Holmes