For Your Data Isbey V. Crews Example Brief
September 01, 2019
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Isbey v. Crews representative brief summary
284 S.E.2d 534 (1981)
CASE FACTS
PROCEDURAL HISTORY
Plaintiffs brought activeness against defendants to recover damages for breach of a lease agreement. The lawsuit courtroom entered summary judgment for plaintiffs.
ARGUMENT
On appeal, defendants argued that an resultant of cloth fact existed every bit to whether plaintiffs unreasonably refused to consent to a sublease proposed yesteryear defendants.
DISCUSSION
CONCLUSION
The courtroom affirmed a lawsuit courtroom determination entering summary judgment for plaintiffs inwards an activeness on a lease. The courtroom held that the tape disclosed that defendants breached their understanding amongst plaintiffs when they refused to brand the rental payment, thus, plaintiffs were entitled every bit a affair of police to recover damages for such breach. The courtroom likewise constitute no testify that plaintiffs failed to do reasonable diligence to relet the premises.
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284 S.E.2d 534 (1981)
CASE SYNOPSIS
Defendants appealed from a determination of the District Court of Buncombe County (North Carolina) that entered summary judgment for plaintiffs inwards an activeness for breach of a lease agreement. Defendants argued that at that spot was an resultant of cloth fact every bit to whether plaintiffs unreasonably refused to consent to a sublease.CASE FACTS
- Crews (D) leased role infinite from Isbey (P) for a term of 5 years.
- According to the lease, the premises could non live on used for whatever purpose other than every bit a doctor’s role together with for a dialysis unit of measurement without the consent of the plaintiff.
- Furthermore, Crews could non assign, sublease, or modify whatever share of the premises without consent.
- Slightly less than 4 years into the lease, Crews vacated together with sought to sublease the premises to a medical render company.
- Isbey refused to consent to the sublease together with sought to recover one-month’s unpaid rent.
- The lower courtroom granted Isbey summary judgment.
PROCEDURAL HISTORY
Plaintiffs brought activeness against defendants to recover damages for breach of a lease agreement. The lawsuit courtroom entered summary judgment for plaintiffs.
ARGUMENT
On appeal, defendants argued that an resultant of cloth fact existed every bit to whether plaintiffs unreasonably refused to consent to a sublease proposed yesteryear defendants.
DISCUSSION
- The courtroom refused to read into the lease understanding an obligation on the share of plaintiffs to non unreasonably withhold consent to a subtenant.
- The courtroom constitute that defendants breached their understanding amongst plaintiffs when they refused to brand rental payments.
- The courtroom held, therefore, that plaintiffs were entitled every bit a affair of police to recover damages for such breach.
- The courtroom likewise constitute no testify that plaintiffs failed to do reasonable diligence to relet the premises afterwards defendants breached the lease agreement.
- Accordingly, the courtroom affirmed the judgment of the lawsuit court.
CONCLUSION
The courtroom affirmed a lawsuit courtroom determination entering summary judgment for plaintiffs inwards an activeness on a lease. The courtroom held that the tape disclosed that defendants breached their understanding amongst plaintiffs when they refused to brand the rental payment, thus, plaintiffs were entitled every bit a affair of police to recover damages for such breach. The courtroom likewise constitute no testify that plaintiffs failed to do reasonable diligence to relet the premises.
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Shop Amazon for the best prices on Law School Course Materials
.