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

Marcovich Land Co. v. J.J. Newberry Co.

Indiana Court of Appeals
413 N.E.2d 935 (1980)


Facts

Paul March and Walter March are the legal successors-in-interest to Marcovich Land Corporation (Marcovich) (defendant). On September 30, 1953, Marcovich leased commercial premises to J.J. Newberry Company (Newberry) (plaintiff). The lease contained a clause that specified that, in the event the premises were damaged or destroyed by fire, Marcovich would be responsible for repairing or reconstructing the premises at its own expense. On December 30, 1971, the building was completely destroyed by fire. Marcovich did not rebuild the structure because it would have cost at least $452,000.00, an amount which Marcovich considered commercially unfeasible. Newberry sued Marcovich for lost profits as a result of his refusal to rebuild, and was awarded a judgment of $117,000.00.

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 (Miller, 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 171,000 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.