Logourl black

Chirichella v. Erwin

Court of Appeals of Maryland
310 A.2d 555 (1973)


Facts

The Chirichellas (defendants) entered into a contract to sell their home to the Erwins (plaintiffs). The contract provided that the parties would close the transaction by a specified date. The contract also provided that the specified date would coincide with the Chirichella’s closing date on their new home. The Chirichellas never closed on the new home. The Chirichellas then refused to close on the home with the Erwins because they had not closed on the new home. The Erwins filed suit for specific performance. The trial court found that the disputed term in the contract regarding the new home was not a condition precedent, but merely a term under the contract. The trial court held that the Erwins were entitled to recovery. The Chirichellas appealed to the Court of Appeals of Maryland.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Levine, 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, start your 7-day free trial of Quimbee for Law Students.

Here's why 81,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 11,513 briefs - keyed to 153 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now