CASE BRIEF EXAMPLE: ROYER V CARTER CASE

This is a Basic Case Brief I am sharing so you get an idea of what one might look like after reading the Royer v Carter case. Your Case Brief will be more detailed and will follow the format laid out in the first tab in this Module; "Briefing a Case - SLO #1 - Why We Brief Cases".

Parties:

Appellants: Seller-Plaintiff - Helena Carter

Respondents: Buyer-Defendant - Mary C. Royer

Facts:

The Buyer contracted to purchase the Seller’s property for $24,000. Buyer defaulted; at which time the property was worth $22,500. The seller finally resold the property for $18,500 and claimed the $5,500 difference as his damages. The trial court agreed, and the Buyer appealed.

Issue:

Should general damages be the difference between the contract and the fair market value of the property at the time of the breach or at the time of resale? Also, who should pay the costs of resale?

Holding:

General damages should be fixed at the time of the breach. Therefore, the Seller suffered only $1,500 in damages. The Seller expected the costs of the first sale, which would have occurred regardless of whether the Buyer breached. Only the second resale costs arose because of the breach, and the Seller can recover any expenses greater than those expected on the first sale.