O.T. Contract

Most of the time legal results rendered by the courts are way beyond my lay comprehension and are a stretch. Here is an opinion involving contract law that is understandable to we lay folks. While most of us try to steer away from involvement with legalities we do contract to do work or have work done and may gain from reading this result.
Opinion

AS AN ATTORNEY I LOVE IT

Thats a very well written opinion which represents long settled contract law, but primarily the issue of whether Summary Judgment was correct or not. HOWEVER, entire books and libraries are full of Summary Judgment, it cant be mastered by reading only one little case. In the first year of Law School the student reads and briefs HUNDREDS of cases like these from which he learns "The Law" and how to "Think like a Lawyer" It was hard work (especially when over forty years old lol) but I'm glad I endured it, education is something they cant take away from you...

Plain laymans language is the modern trend with which I agree and it's my style of drafting.

HOLDING: Because we conclude there is a genuine issue of material fact as to whether the parties modified the written contract, summary judgment was inappropriate.

FURTHER PROCEEDINGS

We therefore vacate the decision of the court of appeals, reverse the judgment of the district court, and remand for further proceedings.

So did the Contractor win or loose????? We dont know yet, it was remanded and has to go back to court. The case mostly stands for the proposition that Summary Judgment was improper because fact issues remained unresolved that the fact finder has to now determine and THEN the law will be applied to the facts as found.

"REMEMBER, the OLDEST and purest Common Law concerns Property Law, all these other upstart Johnny come lately laws are just methods to preserve and protect property rights" From my Propery Law Professor years ago....

Take care yall

Ol John T

Cynthia is certainly going to consider her next decision very carefully...
JOHN: in a remand case like this, since no real proceedings were had (presumably complaint and motion for summary judgment was as far as it got):
(1) Could Contractor request a new Judge, on the basis Cynthia already decided against them, was overruled and might therefore unconciously lean toward another decision against them for partial vindication(or conciously be looking for revenge for being overruled)???
(2) Could Schaeffer request a new Judge, on the basis Cynthia"s fear of being overruled again might make her lean to Contractors side???