From our private database of 14,100+ case briefs...
Dover Pool & Racquet Club, Inc. v. Brooking
Supreme Judicial Court of Massachusetts
322 N.E.2d 168 (1975)
On January 31, 1972, Dover Pool & Racquet Club, Inc. (Dover Pool) (plaintiff) signed a contract with G. Edward Brooking and Ruth Brooking (defendants) and paid a deposit to purchase 50 acres of land in Dover, Massachusetts and Medford, Massachusetts to use as a nonprofit tennis and swim club. Shortly thereafter, Dover Pool sought to rescind the contract and have its deposit returned in light of a proposed amendment to Medford’s zoning by-laws. If passed, the amendment would require Dover Pool to apply for a special permit to use the land as envisioned, and the amendment would apply retroactively to cover the contract. Once Dover Pool learned of the amendment, Dover Pool informed the Brookings that it would refuse to proceed with the March 1, 1972, closing. On March 21, 1972, Medford adopted the amendment, which Massachusetts approved a few months later in July. Finding a mutual mistake of fact, the superior court granted Dover Pool’s request to rescind the contract and ordered the Brookings to return the deposit. The Brookings appealed.
Rule of Law
Holding and Reasoning (Braucher, J.)
What to do next…
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.
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 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.