26 Beverly Glen, LLC v. Wykoff Newberg Corp.
26 Beverly Glen, LLC v. Wykoff Newberg Corp.
Opinion of the Court
MEMORANDUM
Plaintiff 26 Beverly Glen, LLC (“Beverly Glen”) appeals the summary judgment grant to defendants Wykoff Newberg Corp. (“Wykoff’) and International Smelting Company, Inc. (“International”) (collectively, “Defendants”). We affirm the district court’s conclusion that the writings at issue did not satisfy the Nevada statute of frauds.
Whether a writing satisfies the statute is a question of law. Ray Motor Lodge, Inc. v. Shatz, 80 Nev. 114, 390 P.2d 42, 44 (1964). Nevada courts follow the Restatement, which requires the contract to be “signed by the party to be charged” and state “with reasonable certainty ... each party to the contract either by his own name, or by such a description as will serve to identify him.” Stanley v. A. Levy & J. Zentner Co., 60 Nev. 432, 112 P.2d 1047, 1053 (1941) (quoting Restatement (First) of Contracts § 207 (1932)).
As the district court held, the May 5th and 6th documents do not adequately identify the seller. The documents indicate the seller is “WYCOFF NEWBERG CORPORATION ETAL [sic]” and thus fail to identify International, who owned 16% of the property. Nevada law may permit parol evidence to clear up supple
Additionally, the document is not “subscribed” by the parties to be charged. Nev.Rev.Stat. § 111.210(1). Although Beverly Glen is correct that in some situations initials have been held to suffice, this is so only if the circumstances create a reasonable inference that the initials (or other symbols, letterhead, etc.) were intended to authenticate the writing. See Restatement (Second) of Contracts § 134 (1981); Weiner v. Mullaney, 59 Cal.App.2d 620, 140 P.2d 704, 712 (1943) (“what shall constitute a subscription must be determined in each case by the circumstances”).
Here, the document itself clearly contemplates a full signature in the space provided at the end of the agreement to indicate “Acceptance of Offer to Purchase.” See Restatement (Second) of Contracts § 134 cmt. b, illus. 1. We conclude that under the circumstances present here, the presence of initials on individual pages or accompanying changes without a signature in the prescribed location do not sufficiently demonstrate that the document was “subscribed” by either seller.
Beverly Glen argues that even if the documents do not satisfy the statute of frauds, compliance is excused by either estoppel or part performance.
Beverly Glen cannot satisfy the high requirements for application of these doctrines. Its actions — opening an escrow account at a different title company
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
. The district court’s error in concluding that these doctrines could only apply where there existed an oral agreement regarding real property, and not in cases involving an allegedly binding written agreement, see In re Rose Fine Jewelry, Inc., 101 B.R. 247, 249 (D.Nev. 1989), is harmless on these facts.
. Beverly Glen argues the title company is an “insignificant detail,” relying on Thomsen v. Glenn, 81 Nev. 56, 398 P.2d 710, 711-12 (1965). Thomsen presented a very different question, however; there, both buyer and seller had executed the document, but the seller was attempting to escape the contract because of the buyer's failure to strictly comply with the agreement. Id. at 711. Here, because Beverly Glen is attempting to enforce an otherwise unenforceable agreement, Neva
Case-law data current through December 31, 2025. Source: CourtListener bulk data.