1. Mrs. Albert divorced her husband, and the court ordered their child, Daniel, to live with his mother. The husband promised Mrs. Albert to give Daniel a college education if Mrs. Albert would allow Daniel to live with him, which she did. When Mrs. Albert died, Daniel sued his father for an alleged breach of the contract between his mother and father, alleging that he, Daniel, had not obtained the college education. Can Daniel recover?
2. Aliki contracted to purchase at ten cents per pound all of the grapes produced by the Sunrise Vineyards for a period of ten years. Aliki subsequently assigned her right to these crops to the Claret Winery. Must the Sunrise Vineyards deliver to the Claret Winery?
3. Henderson made a contract with the City of Chicago for the cleaning of its streets for a period of five years, and after performing for two years, conveyed his interest in the contract to Dierwechter. Upon hearing of this, the city treated the contract with Henderson as discharged and refused to permit Dierwechter to perform. Dierwechter then brought suit against the city. Can he recover?
4. Ajax Co. contracted with Baxter to drill on the latter’s land, for $150,000, a gas well according to certain plans and specifications. Baxter was to pay $75,000 when the work was half done and $75,000 upon completion. Baxter left that state to attend to some business. Ajax Co. assigned the contract to Xiao. Xiao, acting under the contract, began to drill the well but became insolvent and abandoned the operation when the well was only one-third completed. Upon returning to the state and discovering what had happened, Baxter asked Ajax Co. to complete the well, but Ajax refused. Baxter had the drilling of the well completed by another at a cost of $180,000. He then sued Ajax to recover damages for breach of contract. Will he recover?
BLAW 201 Week 9 Review Case Problems Chapter 19
Review Case Problems
1. A landlord leased a trailer park to a tenant. At the time, sewage was disposed of by a septic tank system that was not connected with the public sewage system. The tenant knew this, and the lease declared that the tenant had examined the premises and that the landlord made no representation or guarantee as to the condition of the premises. Some time thereafter, the septic system stopped working properly, and the county health department notified the tenant that he was required to connect the septic tank system with the public sewage system or else the department would close the trailer park. The tenant claimed that he was released from the lease and was entitled to a refund of the deposit that he had made. Was he correct?
2. The Metropolitan Park District of Tucson gave Grant a concession to run the district’s parks. The agreement gave the right to occupy the parks and use any improvements found therein. The district later wished to set this agreement aside because it was making insufficient money from the transaction. While it was seeking to set the agreement aside, a boathouse and a gift shop in one of the parks were destroyed by fire. The district then claimed that the concession contract with Grant was discharged by impossibility of performance. Was it correct?
BLAW 201 Week 10 Review Case Problems Chapter 20
Review Case Problems
1. Murphy Construction Co. agreed to build a house for Lester in accordance with certain specifications. The price stipulated was $345,000. The contract provides that the house was to be completed and ready for occupancy by June 1, 2010. Murphy wrongfully refused to perform and repudiated the contract before anything was done there under. Lester, after some trouble, located another contractor who built the house, according to the same specifications, for $378,000. The house was built and completed on September 1, 2010. Lester then sued Murphy Construction to recover damages for breach of contract. What is the measure of damages recoverable by Lester?
2. Myers operated a grocery store in Glassboro, New Jersey, and sold to consumers throughout Glassboro. He sold the business to Battavio and agreed as part of the consideration for the contract of sale, not to engage in the grocery business in Glassboro for three years. Two years later, Myers opened a new grocery store in Glassboro in competition with Battavio, who sued to obtain an injunction against Myers. Will the injunction be granted?
3. Brady owned a schooner which broke from its moorings during a gale. She located the boat which was leaking and took it to the nearest available place, a stone quarry dock, and fastened it with rope, a chain, and two pieces of cable. This, of course, was insufficient protection against damage, but was the best that she could do under the circumstances. Brady therefore immediately informed Weichert of these facts and Weichert contracted to tow in the schooner to a designated place. Calm weather prevailed for a few days, but Weichert failed to tow in the schooner. A storm broke out and the schooner was completely wrecked. Brady sued Weichert to recover the value of the schooner. Will Brady succeed?
4. Fleming was the owner and manager of the Fleming Theater. She entered into a contract with Gerard, whereby Gerard agreed to play the leading part in a certain drama in the Fleming Theater for a stated period of weeks. Prior to the expiration of the term of this contract, Gerard refused to continue playing the part. Fleming brought a bill in equity for specific performance. Will the court grant the decree?