Eric Daniel Paschke v. Jessica Ruth Paschke
Syllabus
Appellant filed this declaratory judgment action against his sister, seeking to enforce a contract concerning property owned by the siblings' parents at their deaths. After a bench trial, the trial court found that the contract was unenforceable, as there was no meeting of the minds due to a mutual mistake of fact. The trial court further found that a conveyance of real property was barred by the statute of frauds. Because Appellant has failed to supply this Court with a transcript or statement of the evidence presented at trial, we must affirm the trial court's finding that there was no meeting of the minds due to a mutual mistake.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- mutual agreement to arbitrate abrogated by provisions granting one party a unilateral right to a judicial forum in the event of a breach of the agreement
- arbitration provision not enforceable where it was only binding on one party
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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