Logourl black

Schwedes v. Romain

Montana Supreme Court
587 P.2d 388 (1978)


Romain and Mudgett (defendants) sent a letter to the Schwedes offering to sell a piece of property for a specified price. The Schwedes (plaintiffs) communicated acceptance of the offer to Romain by telephone. Romain hired Hoover, an attorney, to close the transaction. Hoover ordered title insurance, prepared the deeds, and scheduled the closing date. At some point, Hoover contacted the Schwedes by telephone to inform them that the closing date would be postponed. During the call, the Schwedes offered to pay the full purchase price, but Hoover told them to wait until the closing. Before the closing could take place, Romain and Mudgett sold the property to a third party. The Schwedes filed suit against Romain, seeking specific performance or damages for breach of contract. Romain moved for summary judgment, which was granted. The Schwedes appealed the grant of summary judgment and the trial court’s refusal to grant the Schwedes motion to alter, amend, or vacate the summary judgment order.

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.


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 (Sheehy, 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.

Here's why 90,000 law students rely 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.
  • 12,195 briefs - keyed to 164 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.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now