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

Schwenn v. Kaye

California Court of Appeals
155 Cal.App.3d 949 (1984)


Facts

Lillian Schwenn (plaintiff) owned a plot of land that was earning oil royalties pursuant to a lease with an oil company. In 1969, Schwenn granted the royalties as a gift to her daughter and son-in-law. In 1974, Schwenn sold the property to Richard and Johanna Kaye (defendants). A provision was added to escrow, stating that the royalties would be “assigned, if assignable,” to the Kayes. When the purchase of the property was completed, the Kayes began to collect royalty payments. Schwenn subsequently complained that her daughter retained the right to these royalties. Schwenn instructed her daughter to transfer the royalties back to her, so that her daughter would not become involved in the litigation. Schwenn then brought an action against the Kayes to ensure her right to the royalties. The trial court ruled in favor of the Kayes. Schwenn subsequently appealed to the California Court of Appeals.

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 (Compton, 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 166,000 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.