Gulf Coast Motor

Topics: Money, Contract, United States Pages: 6 (2311 words) Published: November 11, 2012
This course includes a challenging Course Project due in Week 6. Because of this, you will need to spend additional time and effort throughout the course to work on your project rather than wait until Week 6. The subject of the project may be based on any Case from any chapter assigned in this course. Examples are Case 10.3- Montgomery v. English on page 175 and Case 14.2- Page v. Gulf Coast Motors on page 111. Choose the case you wish to research and then do the following: Read and understand the case. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to use the concepts of the course to show your reasoning. Summarize the situation. Dedicate at least one heading to each following outline topic: 
 Parties [Identify the plaintiff and the defendant and tell something about them.] Facts [Summarize those facts critical to the outcome of the case.] Procedure [Who brought the appeal? What was the outcome in the lower court(s)?] Issue [Note the central question or questions on which the case turns.] Holding [How did the court resolve the issue(s)? Who won?]

Reasoning [Explain the logic that supported the court's decision.] Case Questions [Be sure to address and thoroughly answer each and every case question and each part of each question.] Conclusion [This should summarize the key aspects of the decision and also your recommendations on the court's ruling.] Include citations on the slides and a reference page with your sources. Use APA style citations and references. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties, or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.



-- December 30, 2004

David Vaughn, Daphne, for appellant.James Rebarchak of Miller, Hamilton, Snider & Odom, L.L.C., Mobile, for appellee. Parties: [Identify the plaintiff and the defendant and tell something about them.] Gulf Coast Motors sued Glenn and Mary Page to recover money lent at various times to Glenn.   Mary asserted the affirmative defenses of the lack of consideration and the Statute of Frauds. Facts: [Summarize those facts critical to the outcome of the case.] On August 29, 2003, the case was tried by the court without a jury.   The trial court heard ore tenus testimony from Mary, Glenn, and representatives of Gulf Coast Motors.   After the trial, the parties submitted briefs on the application of the Statute of Frauds as to the claims asserted against Mary. On November 7, 2003, the trial court entered a judgment in the amount of $23,020 in favor of Gulf Coast Motors and against both Glenn and Mary. On December 8, 2003, Mary filed a motion to alter, amend, or vacate the judgment based on the Statute of Frauds.   That motion was denied on December 9, 2003.   On January 20, 2004, Mary filed a notice of appeal to this court.   Glenn did not appeal. Glenn had a long-term friendship with Jerry Sellers, one of the owners of Gulf Coast Motors.   In or around 1993, Glenn began borrowing money from Gulf Coast Motors on a recurring basis.   The parties agree that Glenn borrowed money from Gulf Coast Motors and that he “had a gambling problem,” but there is no evidence as to what Glenn used the loan proceeds for.1  In its brief to this court, Gulf Coast Motors fails to cite to any evidence indicating that Mary derived an economic benefit from the proceeds of any of the loans to Glenn. The loan process was informal.   Gulf Coast Motors set up a one-page ledger to record Glenn's loans.   The ledger sheet showed the debits and credits, and it contained the following statement at the bottom, signed by Glenn:  “I...
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