Estate of Osborn Ex Rel. Osborn v. Kemp

How courts have described this case

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

• holding that a party seeking specific performance must demonstrate, inter alia, that she “is ready, willing and able to perform”
• holding that courts must give each term of a contract effect so as not to render any part of the contract extraneous
• holding that “[a] party must prove by clear and convincing evidence that he or she is entitled to specific performance . . . .”
• holding that contracts must be read “as a whole” to “give each provision and term effect, so as not to render any part of the contract mere surplusage”
• holding that specific performance was the most equitable remedy after a lessee lived in a property for 20 years, made improvements, and signed a holographic real estate sales contract
• holding that courts must “read a contract as a whole and . . . give each provision and term effect, so as not to render any part of the contract mere surplusage”

Source: CourtListener parenthetical corpus (CC0).