26 Beverly Glen, LLC v. Wykoff Newberg Corp.

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 *64 mental details of an…