Brenda Benz-Elliott v. Barrett Enterprises, LP

How courts have described this case

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

• concluding that the gravamen of the claim was breach of contract, in part because the requested remedy of “[s]pecific performance . . . is available solely for breach of contract claims”
• concluding that the gravamen of the claim was breach of contract, in part because the requested remedy of “[s]pecific performance . . . is available solely for breach of contract claims”
• explaining that “to determine the governing statute of limitations, a court must ascertain the ‘gravamen of the complaint.’”
• applying gravamen of the complaint to determine the applicable statute of limitations
• “Although diminution in value damages may be recovered for both tort and contract claims, the diminution in value damages [the plaintiff] sought to recover flowed directly from her breach of contract claim.”

Source: CourtListener parenthetical corpus (CC0).