Logourl black
From our private database of 14,000+ case briefs...

Birdsall v. Saucier

Connecticut Superior Court
1992 WL 37731 (Conn. Super. Ct. Feb. 24, 1992)


Facts

Fernando Saucier (defendant) hired Virginia and Roy Birdsall (plaintiffs) as his real estate broker in the sale of a building he owned. Saucier agreed to pay the plaintiffs 10% of the sale price upon closing, a commission that turned out to be $115,000. As closing neared, however, it became clear that Saucier would not be able to afford the entire 10% up front. Accordingly, the parties agreed that Saucier would pay the Birdsalls $29,500 up front and the remainder in installment payments with interest over the next five years. When paid in full, the Birdsalls would actually receive $10,000 more than under the original agreement. Specifically, the buyers of Saucier’s building executed a promissory note to Saucier at closing, and Saucier and the Birdsalls agreed that Saucier would assign the promissory note to the Birdsalls. The Birdsalls’ outstanding commission debt effectively would be paid by the buyers of Saucier’s building. Payments were made to the Birdsalls under the promissory note for three years, at which time Saucier’s buyers stopped payments. The Birdsalls brought suit against Saucier for recovery of the unpaid commission balance.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Blue, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 203,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.