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.
ISSUE:
Was the contract given adequate consideration to be enforceable?
HOLDING:
The Court can take into account all facts when determining how to balance the equities.
ANALYSIS:
Courts historically balance the equity of the parties.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
-->
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.
ISSUE:
Was the contract given adequate consideration to be enforceable?
HOLDING:
The Court can take into account all facts when determining how to balance the equities.
ANALYSIS:
Courts historically balance the equity of the parties.
---
Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?
-->
No comments:
Post a Comment