Logourl black
From our private database of 13,800+ case briefs...

Hawkinson v. Johnston

United States Court of Appeals for the Eighth Circuit
122 F.2d 724 (1941)


Facts

Axel Hawkinson (plaintiff), a resident of New York, owned a two-thirds interest in a 99-year lease involving a vacant lot located in Kansas City, Missouri. George Johnston (defendant), and his brother, owned the remaining one-third interest in the lot. The Johnstons paid rent and taxes on the property until June 30, 1940. Approximately 15 days earlier, the Johnstons wrote to Hawkinson and informed him of their intention to surrender and abandon their interest in the premises on the last day of the month. Hawkinson replied to the brothers and rejected their claim to abandon the premises and, instead, informed them that he planned to hold each accountable for the entire lease term. Five days before they surrendered the premises, the Johnston brothers again informed Hawkinson of their plan to abandon the lease agreement. Thereafter, Hawkinson brought suit against the Johnstons for breach of the lease agreement and for monetary damages. The trial court held that the Johnstons’ repudiation constituted a total breach of the lease agreement and affixed damages for a period of ten years, despite there being 67 years left in the lease. The Johnstons appealed the trial court’s decision. Hawkinson appealed the trial court’s refusal to assess damages beyond the 10-year period.

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 (Johnsen, 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.

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 170,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.