ARATA v. SHEFCO, LTD.

No. 20121028-CA.

330 P.3d 115 (2014)

2014 UT App 148

Robert M. ARATA, Plaintiff and Appellant, v. SHEFCO, LTD.; Sheffield Development, Inc.; Keystone Construction and Design, Inc.; and Stephen N. Sheffield, Defendants and Appellees.

Court of Appeals of Utah.

June 26, 2014.


Attorney(s) appearing for the Case

Eric P. Lee , for Appellant.

V. Lowry Snow , J. Gregory Hardman , and Devin Snow , for Appellees.

Judge J. FREDERIC VOROS JR. authored this Opinion, in which Judge MICHELE M. CHRISTIANSEN and Senior Judge PAMELA T. GREENWOOD concurred.


Opinion

VOROS, Judge:

¶ 1 This appeal involves a condition precedent in a real estate purchase contract. The condition did not occur, and the buyer did not complete the purchase. The district court ruled on summary judgment that because the condition precedent benefitted the seller alone, the seller alone could, and did, waive the condition, triggering the buyer's obligation to perform. The buyer contends on appeal that the condition benefitted him...

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