· 9/5/1984
Raphael J. Musicus, Inc. v. Safeway Stores, Incorporated
Citations
- 743 F.2d 503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that specific performance of a contract involving real property does not implicate the local action doctrine
- explaining that specific performance of a contract involving real property does not implicate the local action doctrine
- reasoning an action affecting real property can be transitory “so long as the action is based in fraud, trust or contract”
- “Proper venue is determined by the characterization of the action as either local or transitory ...”
- “[T]o provide in personam relief, the court need only have personal jurisdiction over the defendant, and thus a transitory action may be brought in any jurisdiction in which the defendant can be found.”
- when “the suit for damages based on injury to trespass is joined in the same action with requests for damages based on breach of contract and fraud, the entire action may be brought in a single proceeding.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Flaum, Kellam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.