· 8/17/1988
Berryhill v. Hatt
Citations
- 428 N.W.2d 647
- 1988 Iowa Sup. LEXIS 206
- 1988 WL 87236
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming an award of compensatory damages and reversing an award of damages without requiring a new trial where the compensatory damages awarded were within the range of the evidence
- an award of attorney fees was proper where a contract provision allowed recovery “of reasonable costs and attorney fees”
- ambiguity exists in contract when, after application of rules of interpretation to face of instrument, a genuine uncertainty exists concerning which of two reasonable construction is proper
- specific performance is available when the contract involves property that is unique, and real estate, but not other property, is assumed to be unique
- specific performance is an equitable remedy for breach of contract and there is nothing inherently inconsistent between legal remedies for breach of contract, such as damages, and specific performance, although the remedies are not necessarily alternative
- “Specific performance is available when the contract involves property which is unique.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McGiverin, Harris, Larson, Carter, Andreasen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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