Breitbach v. Christenson

How courts have described this case

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

• rule 80 sanctions not intended to discourage court access “to resolve honest disputes that have arguable merit”
• as a matter of equity and discretion, specific performance “is not to be granted as a matter of right”
• “Although the grant of specific performance is equitable, this court will not remake or revise a contract the parties have freely agreed to; we will give the parties the benefit of the contract they have made as far as possible.”
• “The basic underlying assumption of an action for specific performance is that the contract at issue was not fully performed, thereby necessitating the court to step in and exercise its equitable powers to order the defendants to perform on the contract.”

Source: CourtListener parenthetical corpus (CC0).