From our private database of 14,000+ case briefs...
Garrity v. State Board of Administration
Kansas Supreme Court
162 P. 1167 (Kan. 1917)
In 1911, the assistant curator of mammals for the museum of the state university of Kansas went onto Garrity’s (plaintiff) property without permission and took a fossil to be displayed in the museum. The fossil belonged to Garrity and was worth $2,500. The curator was a member of the Board of Regents (Regents) of the university. Then, in 1913, a legislative act put the State Board of Administration (Administration) (defendant) in Regents’ place and provided that Administration had the power to “execute trusts or other obligations now or hereafter committed to any of the [state universities].” As of the passing of the act, Regents ceased to exist. Garrity brought suit against Administration, alleging a number of facts, together sufficient to establish a tort claim or a contracts claim. Garrity stated that Administration was a successor to Regents and was liable for Regents’ debts and contracts. Administration demurred, claiming that the action arose in tort and the two year statute of limitations had run. Garrity argued that he had the right to waive the tort claim and bring the suit based on contract theory, specifically an implied promise to pay for the fossil. The lower court sustained Administration’s demurrer. Garrity appealed.
Rule of Law
Holding and Reasoning (Porter, 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 201,000 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.