Garner v. Bartschi

BURDICK, Justice.

Ivan Garner and Flinders Realty & Exchange Inc. appeal the district court’s grant of summary judgment to Melba Bartschi. The district court found that the legal description in the Real Estate Purchase and Sale Agreement and the Representation Agreement were insufficient to satisfy the statute of frauds and therefore, the agreements are unenforceable. We affirm.

FACTS AND PROCEDURAL BACKGROUND

During the spring of 2000, Ivan Garner began looking for property to establish an elk ranch. He contacted Flinders Realty & Exchange Inc. (“Flinders Realty”) to assist with his search and…