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COOPER ENTERPRISES v. BRIGHTON TITLE CO.

No. 20090209-CA.

233 P.3d 548 (2010)

2010 UT App 135

COOPER ENTERPRISES, PC, Plaintiff and Appellee, v. BRIGHTON TITLE COMPANY, LLC; Deseret Sky Development, LLC; and Does 1-10, Defendant and Appellant.

Court of Appeals of Utah.

May 27, 2010.

Attorney(s) appearing for the Case

Douglas L. Stowell and Adam Crayk, Salt Lake City, for Appellant.

Scott R. Wangsgard and Eric K. Johnson, Salt Lake City, for Appellee.

Before Judges DAVIS, McHUGH, and ORME.

OPINION

ORME, Judge:

¶ 1 Defendant Brighton Title Company, LLC (Brighton) challenges the district court's grant of summary judgment in favor of plaintiff Cooper Enterprises, PC (Seller). At issue is an escrow agent's responsibility as to an earnest money deposit in a situation where the seller holds only a contractual right to acquire the subject property and not actual title. We affirm the summary judgment in favor of Seller.

BACKGROUND

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