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

Kramer v. Mobley

Court of Appeals of Kentucky
216 S.W.2d 930 (1949)


Facts

Mobley (plaintiff) entered into an agreement to purchase real property from Kramer (defendant). After executing the agreement, Mobley learned of an outstanding lien against the property. Kramer asserted that he had informed the real estate broker in advance that the lien was in dispute and that he expected the purchaser to accept title subject to the lien with a provision that Kramer would indemnify the purchaser against any loss resulting from the lien. Kramer offered to tender a check to Mobley in excess of the amount of the lien and to institute legal proceedings to resolve the dispute over the validity of the lien. Mobley indicated that he found Kramer’s offer acceptable, but changed his mind before the agreement was consummated. Kramer later offered a warranty deed to Mobley and again offered a check in excess of the lien amount and a promise to take legal action to clear title. Mobley refused and Kramer returned Mobley’s down payment. Mobley filed suit alleging breach of contract and seeking damages for the difference between the market value of the property and the contract price, along with expenses including title examination fees. The trial court concluded that Kramer had breached the purchase contract and awarded damages to Mobley. Kramer appealed.

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 (Rees, 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 166,000 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.