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
Holding and Reasoning (Sheehy, 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 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.
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 159,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 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.