From our private database of 30,900+ case briefs...
Sullivan v. United Dealers Corp.
Court of Appeals of Kentucky
486 S.W.2d 699 (1972)
James and Norma Sullivan (defendants) hired Memory Swift Homes, Inc. (Memory Swift) to build a house. The Sullivans executed a promissory note secured by a mortgage. Memory Swift negotiated the note and assigned the mortgage to United Dealers Corporation (United) (plaintiff). The Sullivans provided United with written statements, asserting that the house foundation and framing had been properly installed and that all work had been done in a workmanlike manner. The Sullivans defaulted on the note. United brought an action for collection on the note and foreclosure of the mortgage. The Sullivans raised claims against Memory Swift as a defense against United’s action. The circuit court held that United was a holder in due course and that the Sullivans could not assert defenses against United that arose from alleged breaches of contract by Memory Swift. The circuit court entered judgment for United. The Sullivans appealed, arguing that United frequently did business with Memory Swift, that United knew at the time of purchasing the note that no work had yet been performed on the house, and that United was therefore on notice of defenses or claims against the note.
Rule of Law
Holding and Reasoning (Reed, 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 552,000 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 552,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 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.