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Sullivan v. Bullock

Idaho Court of Appeals

864 P.2d 184 (1993)

Relevant factsFree

Cora Sullivan (plaintiff) hired Dallas Bullock (defendant) to remodel her home, and after one of Bullock's workers entered the home on a day Sullivan had barred entry, Sullivan barred Bullock entirely from returning, despite his repeated requests to finish the job. When Bullock billed for the completed work and Sullivan refused to pay, she sued claiming his work was defective; Bullock argued he would have fixed any defects but was prevented from doing so by Sullivan's own refusal to let him back in. The jury returned a special verdict for Bullock, and Sullivan appealed.

IssueFree

Whether a condition to cooperate is implied in every contract such that one party's failure to cooperate excuses the other party's nonperformance.

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