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Gross v. McCall

Supreme Court of Nevada
Oct 28, 1976
555 P.2d 847 (Nev. 1976)

Opinion

No. 8750

October 28, 1976

Appeal from the Eighth Judicial District Court, Clark County; Carl J. Christensen, J.

Vargas, Bartlett Dixon, Las Vegas, for Appellants.

Beckley, Singleton, DeLanoy Jemison, Las Vegas, for Respondents.


OPINION


Appellants contend the district court erred by granting respondents' motion for summary judgment because there existed material issues of fact to be decided. We disagree.

Appellants sought specific performance of an oral contract to convey real property and payment of real estate commissions due under that contract. Respondents affirmatively raised the Statute of Frauds as a defense and moved for summary judgment. After considering supporting affidavits and pleadings, the district court entered summary judgment. Viewing the evidence presented in a light most favorable to appellants, we perceive no error. NRCP 56; see: Olson v. Iacometti, 91 Nev. 241, 533 P.2d 1360 (1975); Tibbs v. Smart and Final Iris Co., 313 P.2d 636 (Cal.App. 1957); cf. Ades v. Supreme Lodge Order of Ahepa, 181 P.2d 161 (N.M. 1947).

Affirmed.


Summaries of

Gross v. McCall

Supreme Court of Nevada
Oct 28, 1976
555 P.2d 847 (Nev. 1976)
Case details for

Gross v. McCall

Case Details

Full title:RICHARD L. GROSS AND JOHN ELLENBURG AND RODNEY CONNER, DOING BUSINESS AS…

Court:Supreme Court of Nevada

Date published: Oct 28, 1976

Citations

555 P.2d 847 (Nev. 1976)
555 P.2d 847