Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Brown-Marx Associates, Ltd. v. Emigrant Savings Bank

United States Court of Appeals for the Eleventh Circuit
703 F.2d 1361 (11th Cir. 1983)


In May 1978, Brown-Marx Associates (Brown-Marx) (plaintiff) obtained a loan commitment from Emigrant Savings Bank (defendant) in order to purchase and renovate a building. The loan commitment provided for a ceiling loan of $1.1 million or, in the alternative, a floor loan of $750,000.00. Brown-Marx would receive the ceiling loan if certain conditions were met by the time of closing, including satisfactory renovations of the building and signed leases worth at least $714,447.00 annually. If Brown-Marx was unable to renovate or meet the minimum annual rental requirement by closing, Brown-Marx would only be entitled to the floor loan. Brown-Marx was unable to meet the minimum annual rental requirement, and Emigrant Savings Bank refused to lend Brown-Marx the ceiling loan. Brown-Marx thereafter brought suit against Emigrant Savings Bank for breach of contract. The jury was instructed that Brown-Marx had to prove it had substantially performed the conditions precedent to the ceiling loan. The jury found in favor of Brown-Marx and awarded it $543,000.00 in damages. The district court granted a new trial on grounds that the doctrine of substantial performance was inapplicable to the minimum annual rental requirement. The court then granted Emigrant Savings Bank summary judgment.

Rule of Law


Holding and Reasoning (Godbold, C.J.)

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 457,000 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 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial