For Your Data Holmes Development, Llc V. Cause Representative Brief

Holmes Development, LLC v. Cook instance brief summary
48 P.3d 895 (2002)

CASE SYNOPSIS

Appellant evolution companionship appealed an society of the Third District, Salt Lake, Utah, granting summary judgment to appellees, a championship insurance companionship as well as a developer.

CASE FACTS
A developer delivered a warranty deed to a 323-acre package to a evolution company. Influenza A virus subtype H5N1 defect inward championship was afterward discovered, as well as the evolution companionship was unable to sell lots on the 323-acre parcel. The evolution companionship brought adjust against the developer as well as a championship insurance company, seeking recovery for damages suffered inward the form of lost profits as well as lost sales based on its inability to sell lots due to an encumbrance on the deed.

DISCUSSION

The lawsuit courtroom properly dismissed the evolution company's claims.
Although the developer technically breached the covenants of seisin as well as correct to convey, the developer cured the breach past times having the truthful possessor bring the belongings straight to the evolution companionship past times particular warranty deed.
Therefore, the developer was non liable to the evolution companionship for breach of the covenants of championship beyond nominal damages.
The evolution companionship failed to properly plead the championship companionship breached whatever first-party contractual duties exterior of the policy.

CONCLUSION
The judgment was affirmed.

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