S-24-0621 Jane E. Morris and Steven L. Morris (Appellants) v. Karen E. Dall, Individually and as Successor Trustee of the Schindler Family Trust. (Appellee)
Appeal from the District Court for Douglas County, Judge J. Russell Derr
Attorneys: Nicholas F. Sullivan, Nicholas D. Meysenburg, and Christian D. Rush (Dvorak Law Group, LLC for Appellants) and Jerome J. Ortman (Attorney at Law for Appellee)
Civil: Breach of oral agreement
Proceedings below: Appellants filed suit alleging that Appellee breached an oral agreement, breached her fiduciary duty, and that she was unjustly enriched. After trial, the district court determined that the terms of the oral agreement were ambiguous and that it could not determine how much Appellee had benefited, so it dismissed Appellant’s suit. On its own motion, the Court ordered that this case be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellants assign the following errors: 1) The district court erred in dismissing the breach of contract claim and in finding that there was no valid, legally enforceable contract because the precise terms and conditions of the Agreement were undeterminable; 2) The district court erred in dismissing the unjust enrichment claim and in finding that there was no evidence to determine the value added to the property by the renovations, or that the actual value of the renovation costs were a reasonable measure of damages; 3) The district court erred in dismissing the complaint without addressing all remaining claims: a) The district court erred in dismissing the promissory estoppel claim; b) The district court erred in dismissing Jane’s breach of fiduciary duty/trust and accounting claim; and 4) The district court erred in not finding Appellee personally liable on Appellant’s claims.