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Gartrell v. Stafford

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Nebraska Supreme Court Ruling

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Find sources: "Gartrell v. Stafford" – news · newspapers · books · scholar · JSTOR (April 2014)
Property law
Part of the common law series
Types
Acquisition
Estates in land
Conveyancing
Future use control
Nonpossessory interest
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Higher category: Law and Common law

Gartrell v. Stafford, 12 Neb. 545, 11 N.W. 732 (1882) is a frequently cited 1882 decision of the Nebraska Supreme Court. It holds that in the case of suit for breach of a contract for the sale of real property, there is never an adequate remedy at law, since it may be presumed that the buyer has considered the particular location, soil, easements, and other factors. Since an action for damages would not provide an adequate remedy, the remedy of specific performance is available.

References

External links

  • Browne, Irving (1883). "Gartrell v. Stafford". The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References. Vol. 41. Bancroft-Whitney. pp. 767–772. hdl:2027/mdp.35112103642114.

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