CAMPBELL SOUP CO. v. WENTZ 172 F.2d 80 (3d Cir. 1948)

Slides:



Advertisements
Similar presentations
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. In the Matter of Stanley R. JUHNKE Kansas Supreme Court, 273 Kan. 162, 41 P.3d 855 (2002)
Advertisements

Copyright 2007 Thomson Delmar Learning. All Rights Reserved. U.S. v. JIMENEZ RECIO 537 U.S. 270 (2003) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. U.S. v. Willard JOHNSON U.S. Court of Appeals, Seventh Circuit, 327 F.3d 554 (2003) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. BUTLER 19 Ohio St.2d 55, 249 N.E.2d 818 (1969) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. DECK v. MISSOURI 125 S.Ct (2005) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GEORGIA HS ASSN v. WADDELL 248 Ga. 542, 285 S.E.2d 7 (1981) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. PEOPLE v. DLUGASH 41 N.Y.2d 725, 363 N.E.2d 1155 (N.Y. 1977) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COHEN v. BAYSIDE S&L 62 Misc.2d 738, 309 N.Y.S.2d 980 (1970) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LUCY v. ZEHMER 196 Va. 493, 84 S.E.2d 516 (1954) Case Brief.
 Common Law: A court will not grant equitable relief if P has an adequate remedy at law (i.e., unless P’s injury is irreparable). An inadequate remedy.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. PONDER v. GRAHAM 4 Fla. 23 (1851) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BLANTON v. CITY OF NORTH LAS VEGAS, NEVADA 489 U.S. 538 (1989) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COLBY v. CARNEY HOSPITAL 356 Mass. 527, 254 N.E.2d 407 (1969) Case Brief.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 15 Contracts: Consideration Twomey Jennings Anderson’s Business.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. PAPACHRISTOU v. JACKSONVILLE 405 U.S. 156 (1972) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GRIFFIN v. CALIFORNIA 380 U.S. 609 (1965) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BROWN v. SOUTHLAND 620 F.Supp (E.D.Mo. 1985) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. PENNSYLVANIA v. BRUDER 488 U.S. 9 (1988) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. Pamela L. PETERS Supreme Court of Wisconsin, 263 Wis.2d 475, 665 N.W.2d 171 (2003)
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. COCKRELL v. HILLERICH & BRADSBY CO. 611 S.E.2d 505 (S.C. 2005) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. CARRUTHERS v. STATE Supreme Court of Georgia, 528 S.E.2d 217 (2000) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STAMBOVSKY v. ACKLEY 572 N.Y.S.2d 672 (N.Y. App. Div. 1991) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE FARM v. CAMPBELL 538 U.S. 408 (2003) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LYNCH v. LYNCH 164 Ariz. 127 (1990) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. LOWE v. QUINN 27 N.Y.2d 397, 267 N.E.2d (N.Y. 1971) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. PEOPLE v. MITCHELL 58 N.Y.2d 368, 448 N.E.2d 121 (1983) Case Brief.
1 Overview of Legal Process in IP Cases From notes by Steve Baron © Ed Lamoureux/Steve Baron.
Essentials Of Business Law Chapter 15 Sales McGraw-Hill/Irwin Copyright © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. U.S. v. LEBOVITZ 401 F.3d 1263 (11th Cir. 2005) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. WYMAN v. NEWHOUSE 93 F.2d 313 (2d Cir. 1937) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. STAFFORD 223 Kan. 62, 573 P.2d 970 (Kan. 1977) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GUFFEY 262 S.W.2d 152 (Mo.Ct.App. 1953) Case Brief.
1 Working the IP Case Steve Baron Sept. 3, Today’s Agenda  Anatomy of an IP case  The Courts and the Law  Links to finding cases  Parts of.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. UNITED STATES v. JEWELL 532 F.2d 697 (2d Cir. 1976) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. GRAY Juvenile Court of Ohio, Cuyahoga County. 145 N.E.2d 162 (1957) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. MINNEAPOLIS STAR & TRIBUNE v. LEE 353 N.W.2d 213 (Minn.Ct.App. 1984) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. NEWMAN v. SUMMY CO. 133 F.2d 465 (2d Cir. 1943) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. BUSBY v. STATE 894 So.2d 88 (Fla. 2004) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. HANKS v. MCNEIL COAL CORP. 114 Colo. 578, 168 P.2d 256 (1946) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. HOFFMAN v. RED OWL STORES, INC. 26 Wis.2d 683, 133 N.W.2d 267 (1965) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STATE v. WILLIAMS Supreme Court of Iowa 695 N.W.2d 23 (2005) Case Brief.
 Common Law: A court will not grant equitable relief if P has an adequate remedy at law (i.e., unless P’s injury is irreparable). An inadequate remedy.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. STUMP v. SPARKMAN 435 U.S. 349 (1978) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. OREGON STATE BAR v. SMITH 149 Or.App. 171, 942 P.2d 793 (1997) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. FINE v. DELALANDE, INC. 545 F.Supp. 275 (S.D.N.Y. 1982) Case Brief.
Copyright 2007 Thomson Delmar Learning. All Rights Reserved. RIEMERS v. GRAND FORKS HERALD 688 N.W.2d 167 (N.D. 2004) Case Brief.
BUS 311 Week 2 DQ 1 To purchase this material click below link For more classes visit
SALTZMAN v. AHERN 306 So.2d 537 (Fla.App. 1975)
STATE v. WINDER 348 N.Y.S.2d 270 (N.Y. Sup. Ct. 1973)
Copyright 2007 Thomson Delmar Learning.
MARTIN v. MARCIANO 871 A.2d 911 (R.I. 2005)
Copyright 2007 Thomson Delmar Learning.
Copyright 2007 Thomson Delmar Learning.
Managing Energy Crop Risk
Overview of Legal Process in IP Cases
Chapter 6 Issue Identification
BROWN v. BROWN 300 So. 2d 719 (Fla. DCA 1974)
STATE v. KINGMAN 463 P.2d 638 (Wash. 1970)
NORRIS v. TOWN OF WHEATLAND 613 N.Y.S.2d 817 (S.Ct. Monroe Cty. 1994)
Contracts Ch. 3.F. Unconscionability
Copyright 2007 Thomson Delmar Learning.
ARENA LAND & INV. CO., INC. v. PETTY 69 F.3d 547 (10th Cir. 1995)
Copyright 2007 Thomson Delmar Learning.
Overview of Legal Process in IP Cases
Courts and Court Systems
Overview of Legal Process in IP Cases
Chapter 14 External Memorandum
PEOPLE v. ALEXANDER 53 Ill.App.2d 299, 202 N.E.2d 841 (1964)
Chapter 2: The Importance of the Resume
Chapter 4 Case Law and Case Briefing
Presentation transcript:

CAMPBELL SOUP CO. v. WENTZ 172 F.2d 80 (3d Cir. 1948) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ PURPOSE: Campbell Soup illustrates equitable principles of adequacy of legal remedy and unconscionable contract as well as remedy of specific performance. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ CAUSE OF ACTION: Contract. (Seeking the equitable remedy of specific performance.) Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ FACTS: Campbell Soup made output contracts with farmers, providing seed and agreeing to purchase the entire crop at fixed prices. The Wentz brothers were farmers who grew Chantenay carrots for Campbell. In 1947, the scarcity of these carrots raised the price per ton to $90. Since the contract price was $30, the Wentz’s sold most of their carrots to Lojeski, who sold half to Campbell. Campbell’s suit for specific performance was denied at trial on the grounds that Campbell had an adequate remedy at law (difference between contract price and purchase price). Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ ISSUE: Whether the remedy of specific performance should be available to Campbell. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ HOLDING: No, but not for the reasons given by the trial court. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

CAMPBELL SOUP CO. v. WENTZ REASONING: Although trial court was wrong in holding adequacy of remedy at law (Campbell could not replace the carrots on the market because they were unavailable), the appellate court would not enforce the contract in equity because it was unconscionable (contract drafted by Campbell was too one-sided, providing numerous rights and remedies for Campbell and virtually no protection for the Wentz brothers). Copyright 2007 Thomson Delmar Learning. All Rights Reserved.