From our private database of 28,700+ case briefs...
Obering v. Swain-Roach Lumber Co.
Appellate Court of Indiana
155 N.E. 712 (Ind.App. 1927)
The executor of Henry Buhner’s estate sought to sell his farmland containing valuable timber. Swain-Roach Lumber Co. (Swain-Roach) (plaintiff) was interested in purchasing the timber and Buhner’s relatives and heirs (Obering) (defendant) were interested in purchasing the land without the timber. Swain-Roach entered into a contract with Obering stating that if Swain-Roach bought the Buhner farmland, it would subsequently sell the land to Obering after it removed the timber. Swain-Roach did buy the farmland and tendered a deed for the land to Obering, reserving the timber for itself. However, Obering refused to accept the deed and Swain-Roach brought suit. The trial court ruled in favor Swain-Roach. Obering appealed, contending, among other things, that the contract lacked mutuality.
Rule of Law
Holding and Reasoning (Remy, 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 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead 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.Learn about our approachRead more about Quimbee
Here's why 546,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 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.