1. Lisa and Darrell Miller were married with two

children. They divorced and entered into a joint

custody agreement. Under this agreement, Darrell

agreed to set funds away to cover their minor

children's college expenses. The agreement was

clear as to what college expenses were covered but

vague on such issues as how much was to be paid,

when Darrell was to start paying, for how long,

andas a matter of factwhether he had to pay at

all. Lisa, the ex-wife, insisted that he must pay the

children's college expenses, but could not back up

her request with any real evidence other than what

was stated in the contract that was under dispute.

IsDarrell legally obligated to pay? (Miller v. Miller,

1 So. 3d 815)

2. Dobos was admitted to a hospital with a serious

a condition that required around-the-clock nursing

care. The hospital, on orders from Dobos's doctor,

requested Nursing Care Services, Inc. to care for

Dobos while she was in the hospital and for a

two-week period while she was at home. When

Nursing Care Services sent a bill, Dobos claimed

she was not liable because she had not signed a

a written contract or personally made an oral

agreement for their services, although she was well

aware of what her doctor had requested and had

readily accepted the care provided. Under what

theory can Nursing Care Services collect? (Nursing

Care Services, Inc. v. Dobos, 380 So.2d 516)

3. Spanos was three years behind in property tax

payments on a building he owned. He listed the

property for sale with a real estate agent and was

made an offer of $230,000 in writing from

D'Agostino. Spanos drew a line through the

$230,000 figure and wrote in $235,000, initialed

the price change, signed the offer, and returned it to

D'Agostino. D'Agostino would not accept the offer

as changed. Spanos orally informed D'Agostino

that he would restore the price to the original

$230,000. D'Agostino drew a line through the

$235,000 figure that Spanos had inserted in the

offer, wrote in $230,000, initialed the change, and

returned the offer to Spanos. Spanos, however,

never initialed the document after D'Agostino

changed the written price back to $230,000.

Spanos and D'Agostino never did arrive at a

mutually acceptable price. Spanos instead sold the

property to another buyer. D'Agostino, upon

hearing of this sale, brought an action against

Spanos requiring him to sell the property to him.

Should D'Agostino win his case? (D'Agostino v.

Bank of Ravenswood, 563 N.E.2d 886)

4. The Mitchells owned a small secondhand store.

They attended an auction at a place where they

often purchased merchandise for their store. One of

the items for sale at the auction was an old safe that

had a locked compartment but no key. The safe was

part of an estate and sold at the auction for $50.

After the auction, the Mitchells took the safe to a

locksmith to have the compartment opened. When

opened, the compartment contained over $30,000

in cash. The locksmith called the City of Everett

police where the Mitchells lived and where the

auction took place. The police then temporarily

impounded the money until the rightful owner

could be identified. Both the Mitchells and the estate

that initially owned the safe laid claim to the money.

Who was the rightful owner of the money? (City of

Everett, Washington v. Mitchell, 631 P.2d 366)

5. Williamson was about to lose a house that she

owned but was mortgaged. She agreed to sell the

house to Matthews for an amount she thought

would pay off the mortgage and leave enough

money for her to purchase a mobile home. After

making the sale, Williamson went to her attorney

and said that she wished to back out of the house

sale because the selling price was inadequate. She

claimed that she had not charged Matthews enough

to pay off her mortgage and then be able to

purchase a mobile home. Could the sale of the house

to Matthews be voided for lack of consideration?

(Williamson v. Matthews, 379 So2d 1245 Ala)

6.Goldberg, a minor, hired an attorney to sue

Perlmuter for personal injuries. When the case was

settled, the attorney asked for his fee. Goldberg,

however, asked the court to hold that the contract

with the lawyer was void because Goldberg was a

minor when the contract was made. Is this request

valid? (Goldberg v. Perlmutter, 308 Ill. App. 84)

7. . Beaver participated in the annual Elkhart Grand

Prix go-kart races in Elkhart, Indiana. She signed

an exculpatory agreement containing the release of

the race organizers from all liability associated

with the races unless a claim at issue involved

willful misconduct. During the event in which she

drove, a piece of polyurethane foam padding used

as a course barrier was torn from its base, and it

ended up on the track. One portion of the packing

struck Beaver in the head, and another portion was

thrown into oncoming traffic, causing a multikart

collision, during which Beaver sustained severe

injuries. Beaver filed an action against the race

organization, claiming that the foam padding used

on the course was defective. She further claimed

that because of the defects in the padding, the

exculpatory agreement was illegal and void. The

race organizers contended that the exculpatory

agreement released her from any liability. Who is

correct? (U.S. Court of Appeals, 7th Circuit, 246 F.

8. Bratman, an attorney, had a client who was injured

in an automobile accident and was being treated by

Dr. Healy. Bratman orally promised to pay Healy

his medical fees out of the proceeds of any award

made to his client as the result of a lawsuit based on

the accident if the client did not pay the fees. When

the client was awarded $15,000 for his injuries,

Bratman refused to pay Healy, invoking the statute

of frauds. Can Healy legally hold Bratman liable for

his oral promise to pay? (Healy v. Bratman, 409

N.Y.S.2d 72)

9. Greer purchased property from Lancaster. Greer

made a cash payment and entered into a credit

contract with Lancaster for the remainder of the

purchase price. Greer assigned this contract to

someone else, and Lancaster sued to have the

assignment invalidated. Was the contract assignable?

(Lancaster v. Greer, Tex. 572 S.W.2d 787)

10. Sugarhouse sued Anderson for nonpayment of a

promissory note and obtained a judgment against

him for $2,423.86. For two years, Anderson had

financial difficulties and couldn't pay the judgment.

When he learned that he could get a loan to help

him pay a portion of the judgment, he reached an

agreement with Sugarhouse to pay $2,200 in full

settlement of the judgment. Anderson then gave

Sugarhouse a check for $2,200. Before the check

was cashed, however, Sugarhouse found out that

Anderson had some property that he was about to

sell. Sugarhouse then refused to go through with

the settlement. Anderson asked the court to enforce

the settlement agreement he had made with

Sugarhouse. Will Anderson succeed? (Sugarhouse

Finance Co. v. Anderson, Utah 610 P.2d 1369)

11. Bergman, a contractor, sued Parker, a builder, for

breach of their contract to construct an apartment

building. Parker contended that the contract was

terminated by impossibility because he was unable

to obtain a building permit. He refused to go

aheadwith the construction. At the trial, however,

Bergman introduced evidence to show that Parker

could have obtained a building permit by making

modifications, which were acceptable to Bergman,

to his building plans. Should Bergman's suit be

successful? (Bergman v. Parker, D.C. 216 A.2d, 581)

12. 1. Robert and Sandra Bell hired McCann to build a

house for them at a contract price of $45,000.

McCann then changed his mind and refused to

build, claiming that he would make no profit. The

Bells then advertised for bids from other

contractors. The lowest bid was $54,500, which the

Bells accepted. They then brought suit against

McCann for the difference between the original

contract price and the market price ($54,500 -

$45,000), less the extras of $4,562 that were

discussed but had not been included in the contract.

Thus, the Bells were awarded $4,938 in damages by

the trial court. McCann appealed, claiming that the

trial court applied an improper measure of

damages. Do you agree with McCann? (Bell v.

McCann, 535 P.2d 233)

13. Watts Construction Co. was awarded a

construction contract with Cullman County to

complete a County Water Works Improvement

Project. One section of the contract provided that it

would not become effective unless and until

approved by a certain federal agency, namely, the

Farmers Home Administration, U.S. Department of

Agriculture. The agency's approval was delayed,

which in turn delayed the initiation of the project.

In response to this delay, Watts Construction Co.

requested a 5 percent increase in the contract price

due to seasonal and inflational price increases. In

his letter to Cullman County, Watts stated, "If this

is not agreeable with you, please consider this letter

a withdrawal of our bid." Cullman County refused

to pay the additional 5 percent and hired another

company to take on the project. Watts then

informed the county that he was willing to perform

the contract at the original price (without the

5 percent price increase) but with certain

modifications. The county refused and Watts sued

for breach of contract. Should he be successful?

(Watts Construction Co. v. Cullman County, 382

So.2d 520)

14. Wolf was a popular sportscaster for ABC. He

breached his contract and signed on with CBS

where he was going to be paid a much higher

salary. Wolf's ABC contract required him to

negotiate a renewal contract in good faith with

ABC during the last ninety days of his contract.

The ninety-day period ended and in fact his entire

contract expired with ABC, but with no good faith

renewal negotiations on Wolf's part. Wolf then

signed on with CBS. ABC now seeks an injunction

against Wolf to prevent his leaving ABC and

working for CBS. Should ABC be successful in

obtaining an injunction? (American Broadcasting

Companies, Inc. v. Wolf, Court of Appeals, NY,

420 N.E. 2d 363)

15. Knutton, owner of a music company, entered into a

contract with Cofield, a restaurant owner, in which

a jukebox was to be installed in Cofield's

restaurant, with the parties sharing the receipts.

The contract provided that if Cofield discontinued

using the jukebox before the expiration of the

contract, Cofield would pay Knutton a sum of

money for the unexpired term of the contract based

on the average of the amount paid from the time

the jukebox had been installed. Prior to the

expiration of the contract, Cofield disconnected the

jukebox and installed one belonging to another

company. Knutton sued for damages for breach of

contract. Cofield, however, claimed that the

damages being sought were a penalty and not

liquidated damages. Was Cofield correct? (Knutton

v. Cofield, 273 N.C. 355