Meuchel v. MR Properties 2024 ND 107

Syllabus

The district court has discretion, either upon a motion by a party or on its own, to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading. A court may consider a motion to strike at any time. Specific performance is an equitable remedy and equitable principles must be followed in its use. Though specific performance is an equitable action, it is available to enforce agreements even though the injured party may have a legal remedy for damages, because in many cases an action for damages would not afford adequate relief. To be specifically enforceable, a contract must be complete in itself at least with respect to its essential and material terms. The district court cannot supply an important omission or complete a defective contract for the purpose of specific performance.