Bell v. Elder
Utah Court of Appeals
782 P.2d 545 (Utah App. 1989)
Relevant factsFree
The Bells (plaintiffs) agreed to buy undeveloped land from the Elders (defendants). A supplemental agreement required the Bells to obtain a building permit and the Elders to furnish culinary water to the land, but set no deadline or order for either task. Neither party ever performed. The Bells sued for breach, claiming the Elders failed to supply water, and the trial court ruled for the Elders. The Bells appealed.
IssueFree
Whether a party to a contract calling for concurrent performance may claim breach by the other party before tendering its own performance of a concurrent obligation.