chapter 8

Critical Legal Thinking Case

8.1 Performance Louis Haeuser, who owned several small warehouses, contracted with Wallace C. Drennen, Inc. (Drennen), to construct a road to the warehouses. The contract price was $42,324. After Drennen completed the work, some cracks appeared in the road, causing improper drainage. In addition, "birdbaths" that accumulated water appeared in the road. When Haeuser refused to pay, Drennen sued to recover the full contract price. Haeuser filed a cross-complaint to recover the cost of repairing the road. Who wins? Wallace C. Drennen, Inc. v. Haeuser, 402 So. 2d 771 (La. App. 1981).

Critical Legal Thinking Case

8.2 Anticipatory Repudi ation Muhammad Ali (Ali), a professional heavyweight boxer, successfully defended his heavyweight boxing championship of the world by defeating Ken Norton. Shortly after the fight, Ali held a press conference and, as he had done on several occasions before, announced his retirement from boxing. At that time, Ali had beaten every challenger except Duane Bobick, whom he had not yet fought. Subsequently, Madison Square Garden Boxing, Inc. (MSGB), a fight promoter, offered Ali $2.5 million if he would fight Bobick. Ali agreed, stating, "We are back in business again." MSGB and Ali signed a fighters' agreement, and MSGB paid Ali a $125,000 advance payment. The fight was to take place in Madison Square Garden. Three months before the fight was to take place, Ali told MSGB that he was retiring from boxing and would not fight Bobick in February. Must MSGB wait until the date performance is due to sue Ali for breach of contract? Madison Square Garden Boxing, Inc. v. Muhammad Ali, 430 F. Supp. 679 (N.D. Ill. 1977).

references

Schlageter III, John J.; Cheeseman, Henry R.; Reed, Kathleen. Contract Law for Paralegals (p. 218). Pearson Education. Kindle Edition.