For this assignment, you must use the format provided below in order to brief th

Question

For this assignment, you must use the format provided below in order to brief the attached case: SALSBURY v. NORTH WESTERN BELL TELEPHONE CO., 221 N.W.2d 609 _1974.Format for Case Brief Assignments (your case brief assignment must include these sections): 1- Case Title & Citation 2- Issue (a combination of the legal question the Court is asked to decide and the key facts of the case) 3- Rule (the law that the Court identifies as applicable/binding in the case) 4- Application (the Courts application of the rule identified by the Court to the key facts and legal issue of the case) 5- Conclusion (a brief statement of the outcome of the case) https://law.justia.com/cases/iowa/supreme-court/1974/55960-0.html

Explanation / Answer

Brief Fact Summary. A company made a charitable pledge to a fledgling college. A formal pledge form was not filled out, but a letter documented the contribution.

Synopsis of Rule of Law. The court concludes "[i]t is more logical to bind charitable subscriptions without requiring a showing of consideration or detrimental reliance" and adopts the draft Restatement"s take on the issue.   

Facts. The Plaintiff, John Salsbury (the "Plaintiff"), played a role in establishing Charles City College (the "College"). In order to raise money for the college, the College retained a professional fund raiser, Peter Bruno ("Mr. Bruno"). The professional fund raiser solicited a subscription, from the Defendant, Bell Telephone Company (the "Defendant"). The Defendant"s office manager in Charles City was Daryl V. Winder ("Mr. Winder"). Mr. Winder was also involved in raising money for the College. However, Mr. Winder could not bind the Defendant on his own, so he asked his superiors if they were willing to make a contribution. The Defendant eventually consented to a subscription, but Mr. Winder did not fill out a pledge form when he received the Defendant"s consent. Instead, Mr. Winder wrote a letter to Mr. Bruno informing him of the Defendant"s willingness to make a $15,000 contribution over a three-year period. The first $5,000 payment was to be made in 1986.

Issue. Does the doctrine of promissory estoppel bind the maker of a charitable contribution if there is no reliance?

Rule of Law:The rule of law is the black letter law upon which the court rested its decision.

Background

When John Salsbury was helping to establish Charles City College, Northwestern Bell agreed to make a $5,000 contribution for the next three years but only made one payment. The school sued for breach of contract but the telephone company maintained the contract was unenforceable because they received no considerationfor the donations.

Decision

The court adopted the position of the Restatement of Contracts, Second that charitable subscriptions can be enforced even without consideration or detrimental reliance

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