Garner v. Bartschi

How courts have described this case

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

• finding there must be an adverse ruling at the district court for an appellate court to rule on an issue
• identifying the 6 uniqueness of real property and clarity of the real estate agreement as elements of specific performance
• prevailing party awarded attorney fees under the contract after the court found the agreement was unenforceable due to the lack of a sufficient property description
• “To properly raise an issue on appeal there must either be an adverse ruling by the court below or the issue must have been raised in the court below, an issue cannot be raised for the first time on appeal.”
• “A description contained in a deed will be sufficient so long as MEMORANDUM OF DECISION ̶ 18 quantity, identity or boundaries of property can be determined from the face of the instrument, or by reference to extrinsic evidence to which it refers.”

Source: CourtListener parenthetical corpus (CC0).