Tore, Ltd. v. Church, 18775
| Docket Nº | No. 18775 |
| Citation | 105 Nev. 183, 772 P.2d 1281 |
| Case Date | April 25, 1989 |
| Court | Supreme Court of Nevada |
Page 1281
v.
Herbert R. CHURCH, Jr., Respondent.
[105 Nev. 184] Swafford, Hoffman, Test and Dickey, Reno, for appellant.
Robison, Belaustegui & Robb, Reno, for respondent.
PER CURIAM:
This is an appeal from summary judgment granted pursuant to NRCP 56(c).
Page 1282
Appellant Tore, Ltd. (Tore) alleged below that respondent Herbert R. Church, Jr. orally promised to answer for the obligations of a newly-formed corporation Church had been instrumental in organizing. The new corporation, Hobby Towne, Inc., entered into a lease agreement with Tore which the corporation subsequently breached. Church moved for summary judgment, arguing that even assuming he made an oral promise, under the Nevada Statute of Frauds, NRS 111.220(2), 1 enforceable promises to answer for the debt, performance or obligations of another must be in writing. After reviewing the pleadings and evidence, the district court granted Church's motion. On appeal, [105 Nev. 185] Tore's primary contention is that genuine issues of material fact remain unresolved. For reasons discussed below, we reverse.On April 14, 1975, Church entered into an agreement with Tore to lease certain commercial property. The lease was to run for ten years with an option to extend it for another five years. After executing the lease agreement, Church entered the premises and began operating a business under the name "Hobby Towne."
Almost ten years later, Church incorporated Hobby Towne. Church became a Hobby Towne shareholder and corporate vice-president and Brett L. Jensen, not a party to this appeal, became corporate president. Subsequent to Hobby Towne's incorporation, Church sought to exercise the lease option and extend the lease term. Alice Jacobsen, Tore vice-president and general manager, swore that Church communicated his intention to extend the lease but requested that Hobby Towne, Inc. be substituted as lessee. She further averred that Tore agreed to this on condition that Church and Jensen be individually responsible for the corporation's lease obligations. Jacobsen maintained that Church and Jensen agreed and that Church's attorney revised the lease document to reflect the changes. The lease extension agreement was executed by Jensen as president and Church as vice-president on April 17, 1985. Additionally, the signatures of Church and Jensen appear individually on the lease extension agreement signature page with no accompanying explanation.
On April 29, 1985, Church sold his Hobby Towne stock to Jensen. Subsequently, Hobby Towne defaulted on the lease extension agreement. As a result, Tore brought an action against Hobby Towne, Inc., Jensen and Church. Church responded and denied promising to answer for Hobby Towne's performance under the lease. Additionally, Church moved for summary judgment, contending that even assuming an oral guaranty, under the statute of frauds, the promise had to be in writing and a sufficient writing did not exist. The district court agreed with Church and granted his motion. This appeal followed.
As a preliminary matter, it is important to note that we review orders granting summary judgment de novo. In other words, the question on appeal is whether any genuine issues of fact were created by the pleadings and proof offered below. McPherron v. McAuliffe, 97 Nev. 78, 79, 624 P.2d 21, 21 (1981). Furthermore, evidence is reviewed in a light most favorable to the party against whom summary judgment...
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Pegasus v. Reno Newspapers, Inc., No. 37291.
...in most instances one factor alone will not establish actual malice by convincing clarity." (citation omitted)). 2. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 3. NRCP 56; see also Great American Ins. v. General Builders, 113 Nev. 346, 350-51, 934 P.2d 257, 260 (1997). 4. P......
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Doud v. Las Vegas Hilton Corp., No. 23513
...West, 97 Nev. 67, 68, 624 P.2d 17, 18 (1981). This court's review of an order granting summary judgment is de novo. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 Doud sued the Hilton on a negligent security theory. To prevail on a negligence theory, a plaintiff generally must......
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Sahara Gaming v. CULINARY WKRS. UNION, No. 28555.
...judgment are reviewed de novo." Bulbman, Inc. v. Nevada Bell, 108 Nev. 105, 110, 825 P.2d 588, 591 (1992) (citing Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 984 P.2d 166 There is no factual dispute here that the Union's letter was a fair and accurate report of the complain......
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Siragusa v. Brown, No. 27904
...favorable to Joanne, this court finds that no genuine issues of fact were created by the pleadings and proof below. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 In her opening brief, Joanne does not distinguish between her state and federal claims; she argues that all claims......
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Pegasus v. Reno Newspapers, Inc., No. 37291.
...in most instances one factor alone will not establish actual malice by convincing clarity." (citation omitted)). 2. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 3. NRCP 56; see also Great American Ins. v. General Builders, 113 Nev. 346, 350-51, 934 P.2d 257, 260 (1997). 4. P......
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Doud v. Las Vegas Hilton Corp., No. 23513
...West, 97 Nev. 67, 68, 624 P.2d 17, 18 (1981). This court's review of an order granting summary judgment is de novo. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 Doud sued the Hilton on a negligent security theory. To prevail on a negligence theory, a plaintiff generally must......
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Sahara Gaming v. CULINARY WKRS. UNION, No. 28555.
...judgment are reviewed de novo." Bulbman, Inc. v. Nevada Bell, 108 Nev. 105, 110, 825 P.2d 588, 591 (1992) (citing Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 984 P.2d 166 There is no factual dispute here that the Union's letter was a fair and accurate report of the complain......
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Siragusa v. Brown, No. 27904
...favorable to Joanne, this court finds that no genuine issues of fact were created by the pleadings and proof below. Tore, Ltd. v. Church, 105 Nev. 183, 185, 772 P.2d 1281, 1282 In her opening brief, Joanne does not distinguish between her state and federal claims; she argues that all claims......