Tuesday, March 26, 2013

McKinnon v. Benedict case brief

McKinnon v. Benedict case brief summary

FACTS: Appeal for damages for a trespass on the property owned by the McKinnon’s, and from an injunction, which restrained the ∆s (Benedict’s) from resort property in Vilas County.
-The Benedicts had property —80 acres on the lake and operated a resort known as Bent’s Camp, which was surrounded by the McKinnon Tract (1170 acres).
-Benedicts purchases their property from the Dorsey’s with the assistance in the form of a $5000 loan
from the McKinnon’s.
-The loan agreement was contingent on the Benedict’s continuing to operate Bent’s Camp – as an American Family Resort.

Was the contract given adequate consideration to be enforceable?

The Court can take into account all facts when determining how to balance the equities.

Courts historically balance the equity of the parties.

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