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Brill saved the life of Ace's wife, Mary, who thereafter changed her will to leave Brill $1,000. However, upon Mary's death she had no property except an undivided interest in real estate held in tenancy by the entirety of Ace. The property had been purchased by Ace from an inheritance. After Mary died, Ace signed and ...
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Brown suffered from the delusion that he was a special agent of God. He frequently experienced hallucinations in the form of hearing divine commands. Brown believed God told him several times that the local Roman Catholic bishop was corrupting the diocese into heresy, and that the bishop should be "done away with." Bro...
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Walker, a pedestrian, started north across the street in a clearly marked north-south crosswalk with the green traffic light in her favor. Walker was in a hurry, and before reaching the north curb on the street, she cut to her left diagonally across the street to the east-west crosswalk and started across it. Just afte...
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Walker, a pedestrian, started north across the street in a clearly marked north-south crosswalk with the green traffic light in her favor. Walker was in a hurry, and before reaching the north curb on the street, she cut to her left diagonally across the street to the east-west crosswalk and started across it. Just afte...
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Walker, a pedestrian, started north across the street in a clearly marked north-south crosswalk with the green traffic light in her favor. Walker was in a hurry, and before reaching the north curb on the street, she cut to her left diagonally across the street to the east-west crosswalk and started across it. Just afte...
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Walker, a pedestrian, started north across the street in a clearly marked north-south crosswalk with the green traffic light in her favor. Walker was in a hurry, and before reaching the north curb on the street, she cut to her left diagonally across the street to the east-west crosswalk and started across it. Just afte...
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Paulsen was eating in a restaurant when he began to choke on a piece of food that had lodged in his throat. Dow, a physician who was sitting at a nearby table, did not wish to become involved and did not render any assistance, although prompt medical attention would have been effective in removing the obstruction from ...
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Ogden was the fee simple owner of three adjoining vacant lots fronting on a common street in a primarily residential section of a city which had no zoning laws. The lots were identified as Lots 1, 2, and 3. Ogden conveyed Lot 1 to Akers and Lot 2 to Bell. Ogden retained Lot 3, which consisted of three acres of woodland...
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Ogden was the fee simple owner of three adjoining vacant lots fronting on a common street in a primarily residential section of a city which had no zoning laws. The lots were identified as Lots 1, 2, and 3. Ogden conveyed Lot 1 to Akers and Lot 2 to Bell. Ogden retained Lot 3, which consisted of three acres of woodland...
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Dever was indicted for the murder of Vickers by poison. At trial, the prosecutor calls the county coroner, Dr. Wolfe, who is a boardcertified pathologist, to testify that, in accord with good practice in her specialty, she has studied microphotographic slides, made under her supervision by medical assistants, of tissue...
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On January 15, Carpenter agreed to repair Householder's house according to certain specifications and to have the work completed by April 1. On March 1, Householder's property was inundated by floodwaters which did not abate until March 15. Householder could not get the house into a condition which would permit Carpent...
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Parents purchased a new mobile home from Seller. The mobile home was manufactured by Mobilco and had a ventilating system designed by Mobilco with both a heating unit and an air conditioner. Mobilco installed a furnace manufactured by Heatco and an air conditioning unit manufactured by Coolco. Each was controlled by an...
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Parents purchased a new mobile home from Seller. The mobile home was manufactured by Mobilco and had a ventilating system designed by Mobilco with both a heating unit and an air conditioner. Mobilco installed a furnace manufactured by Heatco and an air conditioning unit manufactured by Coolco. Each was controlled by an...
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A state statute makes it a felony for any teacher at a state institution of higher education to accept anything of value from a student at the same institution. Monroe, a student at the state university, offered Professor Smith, his English teacher, $50 in exchange for a good grade in his English course. Smith agreed a...
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Dean, charged with murder, was present with her attorney at a preliminary examination when White, who was the defendant in a separate prosecution for concealing the body of the murder victim, testified for the prosecution against Dean. When called to testify at Dean's trial, White refused to testify, though ordered to ...
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A grand jury was investigating a bank robbery. The only information known to the prosecutor was a rumor that Taylor might have been involved. The grand jury subpoenaed Taylor. He refused to answer questions about the robbery and was granted use immunity. He then testified that he and Simmons had robbed the bank. The gr...
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The city of Metropolis has an ordinance that makes it an offense, punishable by fine, for the owner of a dog to permit the dog to run unleashed on a public way. Smythe, a police officer, observed a small dog running loose in the street. As Smythe picked the dog up, Nelson, who was seated in her car lawfully parked at t...
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Morgan conveyed Greenacre, her one-family residence, to "Perez for life, remainder to Rowan, her heirs and assigns, subject, however, to First Bank's mortgage thereon." There was an unpaid balance on the mortgage of $10,000, which is payable in $1,000 annual installments plus interest at six percent on the unpaid balan...
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A group of children, ranging in age from 8 to 15, regularly played football on the common area of an apartment complex owned by O'Neill. Most of the children lived in the apartment complex, but some lived elsewhere. O'Neill knew that the children played on the common area and had not objected. Peter, a 13-year-old who ...
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In a written contract, Singer agreed to deliver to Byer 500 described chairs at $20 each F.O.B. Singer's place of business. The contract provided that "neither party will assign this contract without the written consent of the other." Singer placed the chairs on board a carrier on January 30. On February 1 Singer said ...
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Congress enacted a statute providing that persons may challenge a state energy law on the ground that it is in conflict with the federal Constitution in either federal or state court. According to this federal statute, any decision by a lower state court upholding a state energy law against a challenge based on the fed...
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On January 15, in a signed writing, Artisan agreed to remodel Ohner's building according to certain specifications, and Ohner agreed to pay the specified price of $5,000 to Artisan's niece, Roberta Neese, as a birthday present. Neese did not learn of the agreement until her birthday on May 5. Before they signed the wri...
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Dryden is on trial on a charge of driving while intoxicated. When Dryden was booked at the police station, a videotape was made that showed him unsteady, abusive, and speaking in a slurred manner. If the prosecutor lays a foundation properly identifying the tape, should the court admit it in evidence and permit it to b...
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The owner of Newacre executed and delivered to a power company a right-of-way deed for the building and maintenance of an overhead power line across Newacre. The deed was properly recorded. Newacre then passed through several intermediate conveyances until it was conveyed to Sloan about 10 years after the date of the r...
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The owner of Newacre executed and delivered to a power company a right-of-way deed for the building and maintenance of an overhead power line across Newacre. The deed was properly recorded. Newacre then passed through several intermediate conveyances until it was conveyed to Sloan about 10 years after the date of the r...
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Innes worked as a secretary in an office in a building occupied partly by her employer and partly by Glass, a retail store. The two areas were separated by walls and were in no way connected, except that the air conditioning unit served both areas and there was a common return-air duct. Glass began remodeling, and its ...
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Innes worked as a secretary in an office in a building occupied partly by her employer and partly by Glass, a retail store. The two areas were separated by walls and were in no way connected, except that the air conditioning unit served both areas and there was a common return-air duct. Glass began remodeling, and its ...
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When Esther, Gray's 21-year-old daughter, finished college, Gray handed her a signed memorandum stating that if she would go to law school for three academic years, he would pay her tuition, room, and board and would "give her a $1,000 bonus" for each "A" she got in law school. Esther's uncle, Miller, who was present o...
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In Polk's negligence action against Dell arising out of a multiple-car collision, Witt testified for Polk that Dell went through a red light. On cross-examination, Dell seeks to question Witt about her statement that the light was yellow, made in a deposition that Witt gave in a separate action between Adams and Baker....
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Zeller contracted in writing to deliver to Baker 100 bushels of wheat on August 1 at $3.50 a bushel. Because his suppliers had not delivered enough wheat to him by that time, Zeller on August 1 had only 95 bushels of wheat with which to fulfill his contract with Baker. If Zeller tenders 95 bushels of wheat to Baker on ...
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On March 31, Selco and Byco entered into a written agreement in which Selco agreed to fabricate and sell to Byco 10,000 specially designed brake linings for a new type of power brake manufactured by Byco. The contract provided that Byco would pay half of the purchase price on May 15 in order to give Selco funds to "too...
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On March 31, Selco and Byco entered into a written agreement in which Selco agreed to fabricate and sell to Byco 10,000 specially designed brake linings for a new type of power brake manufactured by Byco. The contract provided that Byco would pay half of the purchase price on May 15 in order to give Selco funds to "too...
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At a time when Ogawa held Lot 1 in the Fairoaks subdivision in fee simple, Vine executed a warranty deed that recited that Vine conveyed Lot 1, Fairoaks, to Purvis. The deed was promptly and duly recorded. After the recording of the deed from Vine to Purvis, Ogawa conveyed Lot 1 to Vine by a warranty deed that was prom...
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While crossing Spruce Street, Pesko was hit by a car that she did not see. Pesko sued Dorry for her injuries. At trial, Pesko calls Williams, a police officer, to testify that, 10 minutes after the accident, a driver stopped him and said, "Officer, a few minutes ago I saw a hit-and-run accident on Spruce Street involvi...
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The Kernel Corporation, through its president, Demeter Gritz, requested from Vault Finance, Inc., a short-term loan of $100,000. On April 1, Gritz and Vault's loan officer agreed orally that Vault would make the loan on the following terms: (1) The loan would be repaid in full on or before the following July 1 and woul...
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Adams, Bennett, and Curtis are charged in a common law jurisdiction with conspiracy to commit larceny. The state introduced evidence that they agreed to go to Nelson's house to take stock certificates from a safe in Nelson's bedroom, that they went to the house, and that they were arrested as they entered Nelson's bedr...
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O'Neal entered into a written contract to sell her house and six acres known as Meadowacre to Perez for $75,000. Delivery of the deed and payment of the purchase price were to be made six months after the contract. The contract provided that Meadowacre was to be conveyed "subject to easements, covenants, and restrictio...
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Darden was prosecuted for armed robbery. At trial, Darden testified in his own behalf, denying that he had committed the robbery. On crossexamination, the prosecutor intends to ask Darden whether he was convicted of burglary six years earlier The question concerning the burglary conviction is proper if the court finds ...
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Arthur and Celia, brother and sister, both of legal age, inherited Goodacre, their childhood home, from their father. They thereby became tenants in common. Goodacre had never been used as anything except a residence. Arthur had been residing on Goodacre with his father at the time his father died. Celia had been resid...
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Gasco owns a storage facility where flammable gases are stored in liquified form under high pressure in large spherical tanks. The facility was constructed for Gasco by Acme Company, a firm that specializes in the construction of such facilities. After the facility had been in use for five years, an explosion in the fa...
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A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...
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A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...
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A written contract was entered into between Bouquet, a financier-investor, and Vintage Corporation, a winery and grape-grower. The contract provided that Bouquet would invest $1,000,000 in Vintage for its capital expansion and, in return, that Vintage, from grapes grown in its famous vineyards, would produce and market...
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Simmons and Boyd entered into a written contract for the sale and purchase of Wideacre. The contract provided that "Simmons agrees to convey a good and marketable title to Boyd 60 days from the date of this contract." The purchase price was stated as $60,000. At the time set for closing Simmons tendered a deed in the f...
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Congress passes an act requiring that all owners of bicycles in the United States register them with a federal bicycle registry. The purpose of the law is to provide reliable evidence of ownership to reduce bicycle theft. No fee is charged for the registration. Although most stolen bicycles are kept or resold by the th...
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Astin left her car at Garrison's Garage to have repair work done. After completing the repairs, Garrison took the car out for a test drive and was involved in an accident that caused damages to Placek. A statute imposes liability on the owner of an automobile for injuries to a third party that are caused by the neglige...
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On June 1, Kravat, a manufacturer of men's neckties, received the following order from Clothier: "Ship 500 two-inch ties, assorted stripes, your catalogue No. V34. Delivery by July l." On June 1, Kravat shipped 500 three-inch ties that arrived at Clothier's place of business on June 3. Clothier immediately telegraphed ...
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Dent, while eating in a restaurant, noticed that a departing customer at the next table had left a five-dollar bill as a tip for the waitress. Dent reached over, picked up the five-dollar bill, and put it in his pocket. As he stood up to leave, another customer who had seen him take the money ran over to him and hit hi...
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Santos agreed to sell and Perrine agreed to buy a described lot on which a single-family residence had been built. Under the contract, Santos agreed to convey marketable title subject only to conditions, covenants, and restrictions of record and all applicable zoning laws and ordinances. The lot was subject to a 10-foo...
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Opus, the owner of Stoneacre, entered into a written agreement with Miner. Under this written agreement, which was acknowledged and duly recorded, Miner, for a five-year period, was given the privilege to enter on Stoneacre to remove sand, gravel, and stone in whatever quantities Miner desired. Miner was to make monthl...
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Mater, a wealthy widow, wishing to make a substantial and potentially enduring gift to her beloved adult stepson Prodigal, established with Vault Savings and Loan Association a passbook savings account by an initial deposit of $10,000.For this question only, assume the following facts. The passbook was issued solely in...
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In a civil suit by Pine against Decker, Decker called Wall, a chemist, as an expert witness and asked him a number of questions about his education and experience in chemistry. Over Pine's objection that Wall was not shown to be qualified in chemistry, the trial court permitted Wall to testify as to his opinion in resp...
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For a valuable consideration, Amato, the owner of Riveracre, signed and gave to Barton a duly executed instrument that provided as follows: "The grantor may or may not sell Riveracre during her lifetime, but at her death, or if she earlier decides to sell, the property will be offered to Barton at $500 per acre. Barton...
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Dunbar and Balcom went into a drugstore, where Dunbar reached into the cash register and took out $200. Stone, the owner of the store, came out of a back room, saw what had happened, and told Dunbar to put the money back. Balcom then took a revolver from under his coat and shot and killed Stone. Dunbar claims that Ston...
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Acorp and Beeco are companies that each manufacture pesticide X. Their plants are located along the same river. During a specific 24-hour period, each plant discharged pesticide into the river. Both plants were operated negligently and such negligence caused the discharge of the pesticide into the river. Landesmann ope...
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Cycle Company manufactured a bicycle that it sold to Bike Shop, a retail bicycle dealer, which in turn sold it to Roth. Shortly thereafter, while Roth was riding the bicycle along a city street, he saw a traffic light facing him turn from green to yellow. He sped up, hoping to cross the intersection before the light tu...
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Damson was short of money. He decided to go into Winston's house to take Winston's silverware and then to sell it. That night, while Winston was away, Damson entered by picking the lock on the front door. He picked up a chest of silverware from the dining room and went out the front door of the house to his car. As he ...
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On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...
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On October 1, Toy Store, Inc., entered into a written contract with Fido Factory, Inc., for the purchase at $20 per unit of 1,000 mechanical dogs, to be specially manufactured by Fido according to Toy Store's specifications. Fido promised to deliver all of the dogs "not later than November 15, for the Yule shopping sea...
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A 10-lot subdivision was approved by the proper governmental authority. The authority's action was pursuant to a map filed by Diaz, which included an undesignated parcel in addition to the 10 numbered lots. The undesignated parcel is differently shaped and somewhat larger than any one of the numbered lots. Subdivision ...
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In March, when Ohm was 17, Stereo delivered to Ohm a television set. At that time Ohm agreed in writing to pay $400 for the set on July 1 when he would reach his 18th birthday. Eighteen is the applicable statutory age of majority, and on that date Ohm was to receive the proceeds of a trust. On July 1, when the reasonab...
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Morris was driving north on an interstate highway at about 50 miles per hour when a tractor-trailer rig, owned and driven by Dixon, passed her. The tractor was pulling a refrigerated meat trailer fully loaded with beef carcasses hanging freely from the trailer ceiling. When Dixon cut back in front of Morris, the shifti...
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Fernwood Realty Company developed a residential development, known as the Fernwood Development, which included single-family dwellings, townhouses, and high-rise apartments for a total of 25,000 dwelling units. Included in the deed to each unit was a covenant under which the grantee and the grantee's "heirs and assigns...
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Ortega owned Blackacre in fee simple and by his will specifically devised Blackacre as follows: "To my daughter, Eugenia, her heirs and assigns, but if Eugenia dies survived by a husband and a child or children, then to Eugenia's husband during his lifetime with remainder to Eugenia's children, their heirs and assigns....
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The federal government has complete jurisdiction over certain parkland located within the state of Plains. To conserve the wildlife that inhabits that land, the federal government enacts a statute forbidding all hunting of animals in the federal park. That statute also forbids the hunting of animals that have left the ...
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Poe ordered some merchandise from Store. When the merchandise was delivered, Poe decided that it was not what he had ordered, and he returned it for credit. Store refused to credit Poe's account, continued to bill him, and, after 90 days, turned the account over to Kane, a bill collector, for collection. Kane called at...
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Eureka, Inc., inventor of the LBVC, a laser-beam vegetable chopper, ran a television ad that described the chopper and said, "The LBVC is yours for only $49.99 if you send your check or money order to Box 007, Greenville. Not available in stores." Gourmet, who owned a retail specialty shop, wrote Eureka, "What's your b...
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Downs was indicted in state court for bribing a public official. During the course of the investigation, police had demanded and received from Downs's bank the records of Downs's checking account for the preceding two years. The records contained incriminating evidence. On the basis of a claim of violation of his const...
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Three states, East Winnetka, Midland, and West Hampton, are located next to one another in that order. The states of East Winnetka and West Hampton permit the hunting and trapping of snipe, but the state of Midland strictly forbids these activities in order to protect snipe, a rare species of animal, from extinction. T...
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Orris had title to Brownacre in fee simple. Without Orris' knowledge, Hull entered Brownacre in 1950 and constructed an earthen dam across a watercourse. The earthen dam trapped water that Hull used to water a herd of cattle he owned. After 12 years of possession of Brownacre, Hull gave possession of Brownacre to Burns...
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An issue in Parker's action against Daves for causing Parker's back injury was whether Parker's condition had resulted principally from a similar occurrence five years before, with which Daves had no connection. Parker called Watts, his treating physician, who offered to testify that when she saw Parker after the lates...
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In a writing signed by both parties, Paul Plannah, a renowned architect, agreed for a fee of $25,000 to design and supervise construction of a new house for Phoebe Threedee, a famous sculptor, the fee to be paid upon completion of the house. Plannah and Threedee got along poorly, and, when the design plans were about t...
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In a writing signed by both parties, Paul Plannah, a renowned architect, agreed for a fee of $25,000 to design and supervise construction of a new house for Phoebe Threedee, a famous sculptor, the fee to be paid upon completion of the house. Plannah and Threedee got along poorly, and, when the design plans were about t...
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Constance owned Greenacre in fee simple. She executed two instruments in the proper form of deeds. The first instrument purported to convey an undivided one-half interest in Greenacre to Henry and his wife, Audrey, as joint tenants with right of survivorship. The second instrument purported to convey an undivided one-h...
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When Denton heard that his neighbor, Prout, intended to sell his home to a minority purchaser, Denton told Prout that Prout and his wife and children would meet with "accidents" if he did so. Prout then called the prospective purchaser and told him that he was taking the house off the market.If Prout asserts a claim ag...
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A statute in a jurisdiction makes it a crime to sell ammunition to a minor (defined as a person under the age of 18). The courts have interpreted this statute as creating a strict liability offense that does not require knowledge of the age of the purchaser and as creating vicarious liability. Duncan, who was 16 years ...
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A state statute makes fraud for personal financial gain a crime. Jones was convicted of violating this statute on three separate occasions. Following his most recent conviction, he professed to have undergone a religious conversion and proclaimed himself to be the divine minister of "St. Rockport," an alleged messiah w...
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Hammond decided to kill his wife by poisoning her. He asked his friend, Jordan, a pharmacist, to obtain some curare, a deadly poison, and to give it to him without recording the transaction. Because Jordan suspected Hammond's motive, she supplied Hammond with a small quantity of Marvane, an antibiotic, instead of curar...
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On January 1, Awl and Howser agreed in writing that Awl would build a house on Howser's lot according to Howser's plans and specifications for $60,000, the work to commence on April 1. Howser agreed to make an initial payment of $10,000 on April 1, and to pay the balance upon completion of the work. On February 1, Awl ...
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On January 1, Awl and Howser agreed in writing that Awl would build a house on Howser's lot according to Howser's plans and specifications for $60,000, the work to commence on April 1. Howser agreed to make an initial payment of $10,000 on April 1, and to pay the balance upon completion of the work. On February 1, Awl ...
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Argus Corporation is privately owned and incorporated in the state of Kiowa. It contracted with the United States to construct a dam across the Big Sandy River in the state of Arapaho. The state of Arapaho imposed a gross receipts tax on all business conducted within the state. Arapaho sued Argus Corporation to collect...
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Telco, a local telephone company, negligently allowed one of its telephone poles, located between a street and a sidewalk, to become termite-ridden. Rhodes, who was intoxicated and driving at an excessive rate of speed, lost control of her car and hit the weakened telephone pole. One week later, the pole fell and struc...
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In 1956, Silo Cement Company constructed a plant for manufacturing ready-mix concrete in Lakeville. At that time Silo was using bagged cement, which caused little or no dust. In 1970, Petrone bought a home approximately 1,800 feet from the Silo plant. One year ago, Silo stopped using bagged cement and began to receive ...
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Furrow leased in writing a 100-acre farm from Quark for five years at $2,000 per year, with an option to purchase "five acres of the land for $10,000 cash" at the end of the lease term. Before the lease was executed, Quark orally promised to have a five-acre parcel surveyed before the end of the lease term. Furrow took...
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Abco developed a new drug, ZB, for treatment of Wegener's disease. Abco extensively tested ZB for several years on animals and human volunteers and observed no undesirable side effects. The federal Food and Drug Administration (FDA) then approved ZB for sale as a prescription drug. Five other drug companies, each actin...
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Smythe was charged with the murder of his wife. In his defense, he testified that at the time he killed her, he believed that his wife was planning to destroy the world by detonating a massive explosive device that she had developed and built in the basement of their home. He further testified that he had tried many ti...
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Pullen used aluminum brackets in her business. On the telephone listed as hers in the telephone book, Pullen received a call in which the caller said, "This is John Denison of Denison Hardware Company. We have a special on aluminum brackets this week at 30 percent off." Pullen ordered brackets from the caller. When the...
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Ann leased commercial property to Brenda for a period of 10 years. The lease contained the following provision: "No subleasing or assignment will be permitted unless with the written consent of the lessor." One year later, Brenda assigned all interest in the lease to Carolyn, who assumed and agreed to perform the lesse...
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On January 2, Hugh Homey and Sue Structo entered into a written contract in which Structo agreed to build on Homey's lot a new house for Homey, according to plans and specifications furnished by Homey's architect, Barbara Bilevel, at a contract price of $200,000. The contract provided for specified progress payments an...
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Chemco designed and built a large tank on its premises for the purpose of storing highly toxic gas. The tank developed a sudden leak and escaping toxic gas drifted onto the adjacent premises, where Nyman lived. Nyman inhaled the gas and died as a result. In a suit brought by Nyman's personal representative against Chem...
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Oaks, the owner of Blackacre, conveyed a rightof-way to United Utility "for the underground transportation of gas by pipeline, the location of right-of-way to be mutually agreed upon by Oaks and United Utility." United Utility then installed a six-inch pipeline at a location selected by it and not objected to by Oaks. ...
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On August 1, Geriatrics, Inc., operating a "lifetime care" home for the elderly, admitted Ohlster, who was 84 years old, for a trial period of two months. On September 25, Ohlster and Geriatrics entered into a written lifetime care contract with an effective commencement date of October 1. The full contract price was $...
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Five years ago, Sally acquired Blackacre, improved with a 15-year-old dwelling. This year Sally listed Blackacre for sale with Bill, a licensed real estate broker. Sally informed Bill of several defects in the house that were not readily discoverable by a reasonable inspection, including a leaky basement, an inadequate...
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Shore decided to destroy his dilapidated building in order to collect the insurance money. He hired Parsons to burn down the building. Parsons broke into the building and carefully searched it to make sure no one was inside. He failed, however, to see a vagrant asleep in an office closet. He started a fire. The buildin...
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Orin owned in fee simple Blueacre, a farm of 300 acres. He died and by will duly admitted to probate devised Blueacre to his surviving widow, Wilma, for life with remainder in fee simple to his three children, Cindy, Clara, and Carter. All three children survived Orin. At the time of Orin's death, there existed a mortg...
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Ohner and Planner signed a detailed writing in which Planner, a landscape architect, agreed to landscape and replant Ohner's residential property in accordance with a design prepared by Planner and incorporated in the writing. Ohner agreed to pay $10,000 for the work upon its completion. Ohner's spouse was not a party ...
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Suspecting that Scott had slain his wife, police detectives persuaded one of Scott's employees to remove a drinking glass from Scott's office so that it could be used for fingerprint comparisons with a knife found near the body. The fingerprints matched. The prosecutor announced that he would present comparisons and ev...
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Rohan executed and delivered a promissory note and a mortgage securing the note to Acme Mortgage Company, which was named as payee in the note and as mortgagee in the mortgage. The note included a statement that the indebtedness evidenced by the note was "subject to the terms of a contract between the maker and the pay...
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A federal law provides that all motor vehicle tires discarded in this country must be disposed of in facilities licensed by the federal Environmental Protection Agency. Pursuant to this federal law and all proper federal procedural requirements, that agency has adopted very strict standards for the licensing of such fa...
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Palmco owns and operates a beachfront hotel. Under a contract with City to restore a public beach, Dredgeco placed a large and unavoidably dangerous stone-crushing machine on City land near Palmco's hotel. The machine creates a continuous and intense noise that is so disturbing to the hotel guests that they have cancel...
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