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....
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