3500 Cases Essay example

Submitted By cbertram
Words: 2074
Pages: 9

3500 Cases:
Chapter One:

Meinhard v Salmon:
Gerry leased Hotel Bristol to Salmon at a street corner for 20 years, Salmon changed the hotel for use of shops and offices
Salmon entered a joint venture with Meinhard to finance the improvements, Meinhard was to pay half of the costs in exchange for subsequent profit sharing of 40% then 50% after 5 years
Each were to bear losses equally, Salmon had the sole power to manage the building
Gerry sold the property to a knew lessor/owner and Salmon entered into a new lease and did not tell Meinhard of it, when Meinhard found out he demanded the lease be held in trust as an asset of the venture and Salmon refused
Meinhard sued, trial and immediate appellate court found in favor of him, Salmon continued to appeal, but the decision was affirmed.

Soldano v ODaniels:
Soldano was shot and killed at a saloon, across the street from a restaurant called the Circle Inn
One of the patrons from the restaurant went to the saloon to inform that a threat had occurred, they went on to request that the police be called or if he could use their phone
Request was refused, the son of the deceased sued to owner of the saloon
Case dismissed, judgement awarded to defendant, case was returned to trial later
Concluded the saloon owed a duty to permit the patron to place a call to the police

Izadi v Machado Ford Inc.
Defendant ran an advertisement in the Miami Herald, inviting customers to receive a trade in of at least 3000 dollars, stated in fine print that it applied only to the purchase of a certain item
Plaintiff tried to purchase a different item (car) was denied then sued
Complaint dismissed, then appeal reversed
Deemed defendant sought to wrongly inform customers

Chapter Two:

Deshotel v Atchison, Topeka and Santa Fe Railway:
Plaintiff’s husband was injured in a taxicab when it collided with a train, sued the railway, the taxi company, both drivers obtaining a judgement of 290,000
The spouse simultaneously sued the same defendants because as a result of their negligence she had been denied her husband’s care, protection, consideration and companionship; this was dismissed, she appealed and the decision was affirmed

West v City of San Diego:
Dorothy West was injured and rendered incompetent as the result of a collision with a police officer who was killed in the accident
Husband brought suit on her behalf to recover the damages she sustained (brain damage) 57 years old at time
Awarded 57.8k to the wife and 5k to the husband, the city appealed saying the husband should not have been awarded for loss of consortium
Decision was reversed as it pertained to the husband’s reward
Lower court’s decision affirmed as the husband was allowed to recover for loss of consortium justified by logic, authority, common law, and public policy in the state of residence

Rodriguez v Bethlehem Steel Corp:
Plaintiff was stuck on the head by a falling pipe almost entirely paralyzed, wife had to leave job and undertake 24 hour care of him (22 and 20 respectively)
Wife sued the employer for loss of consortium, claim was dismissed and on appeal court affirmed the dismissal, the supreme court reversed the lower court decisions

United Steelworkers v Weber:
Plaintiff petitioned, entered into a collective bargaining agreement that established training programs to teach unskilled production workers the skills necessary to become craft workers
50 percent of openings reserved for black employees
Weber claimed junior black employees were being accepting into the program ahead of senior whites
Trial court held that this violated title 7, court of appeals affirmed, supreme court reversed
Concluded employers are permitted to consider race in making employment decisions

Chapter Three:

Swindler and Berlin and James Hamilton v United States:
Plaintiffs sought legal representation in connection with the dismissal of white house travel employees
Foster (white house counsel) committed suicide and subpoenas for plaintiff’s notes were issued…