Quimbee logo
DMCA.com Protection Status

Roscoe-Gill v. Newman

937 P.2d 673 (1996)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Roscoe-Gill v. Newman

Arizona Court of Appeals

937 P.2d 673 (1996)

Facts

Carolyn Roscoe-Gill (plaintiff) signed a contract to sell her ranch to Charles Newman (defendant). The sale price was $380,000 and Newman provided $5,000 in escrow as earnest money. The contract included a liquidated-damages clause, which specified that Roscoe-Gill would keep the $5,000 earnest money as the total of her damages in the event of a breach by Newman. Over the next few months, the parties agreed to postpone the closing date a number of times because Newman was unable to close due to financial considerations. Roscoe-Gill agreed to each extension in writing and received some changes to the contract in consideration of the extensions, including an increased sale price to $404,000. After Newman was still unable to close, Roscoe-Gill finally declared a breach. Roscoe-Gill by that point was under increased financial pressure to sell and eventually sold the ranch to another purchaser for $260,000. Roscoe-Gill sued Newman for breach of contract and sought damages of $140,000. Both parties filed motions for summary judgment regarding whether Roscoe-Gill was limited to receiving only the contractually specified liquidated-damages amount. The court granted summary judgment to Newman, finding that Roscoe-Gill was entitled only to the $5,000 earnest money as specified in the contract. Roscoe-Gill appealed.

Rule of Law

Issue

Holding and Reasoning (Pelander, J.)

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 617,000 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
  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.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership