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Essay / Research Paper Abstract
A 4 page summation of Walker v. Brown, a nineteenth century case that concerns a breach of contract and whether or not a party is obliged to pay for work done when the contract does not specifically mention that party. The writer summarizes the facts of the case, procedural history, issue before the court, the holding, rationale and the disposition. No bibliography provided.
Page Count:
4 pages (~225 words per page)
File: D0_khwvb18.rtf
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Unformatted sample text from the term paper:
for structural support. Shergold entered into a contract with Brown to have both buildings torn down and the site excavated. In making this contact, Shergold indicated that he acted on
behalf of himself, but also on behalf of Walker. After the completion of the demolition and excavation, Walker asserted that Shergold acted without his authority and, therefore, repudiated the contact
refusing to pay for his share of the work. Procedural History: In an earlier law suit, Brown sued Walker for payment and Walker won, which led to this case
in which Brown sued Walker for the "fair value of work done on Walkers property" (Walker v. Brown). Question/Issue before the Court: The parties were in agreement that the
work was performed under the auspices of an agreed contract and the price for this work was fixed as fourteen hundred dollars. The question being considered by the court in
this case is "the refusal of the court" to give a specific instruction requested by the plaintiff to the jury, which was: If the jury believe, from the evidence,
that the plaintiffs entered into a contract in writing, and under seal, with Thomas Shergold and others-the contract read in evidence-and performed the work sued for under said contract, then
the jury will find for the defendant (Walker v. Brown). The court is asked to decide the issue of whether or not the plaintiff should be required to
pay for services that were of benefit to him and "bestowed upon his property, with his knowledge and acquiescence," when those services were performed under the auspices of a contract
made with another individual (Walker v. Brown). Holding: Judgment reversed. The court states, "We have no doubt, in reason and on authority, the contract must govern" (Walker v. Brown).
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