Case Assignment 2: Chapter 11 Case 2

Chamberlain of Chamberlains Antiques carried on business as a used-furniture dealer. He would occasionally purchase all the furnishings in a persons home if the person were leaving the country or moving a long distance.

Mrs. Lyndstrom, an elderly widow, indicated to Chamberlain that she intended to sell her home and furniture, as she was planning to move into her daughters home to live with her. Chamberlain expressed an interest in purchasing her furniture, so an appointment was arranged for Chamberlain to examine the contents of her home.

When Chamberlain arrived, Mrs. Lyndstrom took him to each room and indicated the furniture that she intended to sell. Chamberlain listed the different items by groups, such as all chairs and table in kitchen, or bedroom suite in front bedroom. When they reached the living room, Mrs. Lyndstrom said, all the furniture in here, and Chamberlain recorded, all furniture in living room. Chamberlain offered $3,500 for the lot when the list was complete. Mrs. Lyndstrom agreed, and Chamberlain added to the bottom of the list: Agreed price of all above furniture, $3,500. Both signed the document.

The next day, Chamberlain arrived with a truck to pick up the furniture and a cheque for $3,500. As he was about to have the grand piano moved from the living room, Mrs. Lyndstrom informed him that he was to take only the furniture, not the piano. Chamberlain protested that the piano was included. However, Mrs. Lyndstrom argued that a piano was not furniture, but a musical instrument.

Prepare a case analysis following the format below.

	Grade	Comment
Facts: Relevant facts are clearly outlined. Plaintiff(s) and defendant(s) in the case should be clearly identified as well as the reason for the lawsuit, if applicable /5
Issue: Concisely phrase, in the form of a question, the essential issue before the court. (If more than one issue is involved, you may have twoor even morequestions here) /5
Decision + Reason: Indicate herewith a yes or no, if possiblethe courts answer to the question (or questions) in the Issue section above. Clearly communicate the reason of the decision. There must be evidenced based and presented in a clear, concise manner /15
Part 2: Research/Discussion Component. Unique to each case, utilizing textbook and online resources (www.canlii.org) /20
Spelling/Grammar/Use of Language/Formatting: Loss of up to a maximum of 10% of the overall grade /5
Total /50