A-25-735 Charles Dush (Appellant) v. Sandra Dush (Appellee)
Platte County, District Court, Judge Robert R. Steinke
Attorney for Appellant: Clark J. Grant (Grant & Grant)
Attorneys for Appellees: Ronald E. Temple, Preston T. Koehler (Fitzgerald, Vetter, Temple, Bartell & Henderson)
Civil Action: Existence of an oral contract, statute of frauds, specific performance
Action Taken by Trial Court: The district court found that Charles Dush was not entitled to specific performance of the alleged oral promises of his parents to convey their land. The district court granted summary judgment for Sandra Dush finding that Charles Dush failed to show the alleged oral contract by clear, satisfactory, and unequivocal evidence, and even if he had, he could not demonstrate that his acts done in the performance of the alleged promise were referable solely to the contract sought to be enforced.
Assignments of Error on Appeal: Appellant assigns that the district court erred by (1) granting Sandra Dush’s motion for summary judgment and dismissing his complaint with prejudice and (2) by holding that he failed to show that his acts in reference to the oral contract were done solely in support thereof, and not in support of some other contract.