MEMORANDUM

.docx
MEMORANDUM TO: Scott Garrett FROM: Gerald Reed RE: Hallmark v. Daniels DATE: November 26, 2018 INTRODUCTION Under Alabama law does Matthew have any rights to the contact, upon the death of Sandra. Under Alabama law did Sandra Hallmark have a contract to purchase a 1921 E121 American Camel Series of 80 Babe Ruth baseball card in excellent condition. FACTS Sandra entered into a contact with Jimmy Daniles on October 15, 2018 to purchase a Babe Ruth baseball card for $15,000.00. Sandra's contract called for the transfer of the payment to occur on or before November 29, 2018, which Sandra had and was ready to pay. Jimmy, never intended to sell the card to Sandra, as he entered into a secondary contract to sell the card to a secondary party. Sandra died after discussing a temproty restraining order for Jimmy with her attorney, to hault the sale of the baseball card.
DISCUSSION I. PERSONAL REPRESENTATIVE Alabama Code Title 6. Civil Practice 6-5-462 states that In all proceedings not of a an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives: and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor. A. CONTRACT FORMED An agreement, between two parties that creates mutual obligation enforceable by law is considered a contract. Sandra had a contract with Jimmy at the time of death. Thus contract has been fufilled. B. INJURIES Injuries occurs when someone has been damaged by the breaking or nonfulfillment of the said agreement. The breach of contact claim, which no action has been filed at the time of the death of the person holding the claims survies in
favor of the deceased party's personal representative. This claim will survive because Matthew is Sandra's personal representative. C. PERSONAL CLAIM Personal claim occurs when someone can benefit off of the action of the deceased. Matthew is the husband and beneficiary of Sandra's estate. Because Matthew is the personal representative of Sandra, he is has full rights to the contract that was created between Sandra and Jimmy. D. RULING A breach of contact claim, upon with no actions has been filed at the time of death of the person holding that claim services in favor of the deceased party's personal representative. Because Jimmy intended to breach the contract with Sandra, Matthew is now in favor of the contract. II. WAS THERE A LEGAL CONTRACT An agreement, between two parties that creates mutual obligation enforceable by law is considered a contract. The elements that this contact must have are the following to be considered a contract are: offer, acceptance, consideration and mutual assent. A. OFFER
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