Bernel v. Bernel

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that impossibility of performance excuses breach of an executory contract
• impossibility is an affirmative defense to performance of an executory contract and is generally invoked as a defense to an action for damages
• “A trial court can decide the issues based only upon that evidence which is properly before the court and in the record, and we are bound by that record on appeal.”

Source: CourtListener parenthetical corpus (CC0).