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Stauffer v. Benson

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Tuesday, April 29, 2014

S-13-0928, Mark Stauffer and Cindi Stauffer (Appellees) v. Betty Jean Benson (Appellant)

Phelps County, Judge Stephen R. Illingsworth

Attorneys:  Bradley D. Holbrook & Nicholas R. Norton (Appellees) (Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O.) --- Stephen G. Lowe (Appellant).

Civil:  Breach of Contract (Land Sale)

Issues on Appeal: 1. The Phelps County District Court simply erred in determining that a contractual waiver occurred in this case. 2. The Phelps County District Court erred in determining that a contractual precondition was not in fact a precondition at all, determining that a waiver of that "condition" had occurred and that a condition precedent to performance by the Defendant had been met, waived or somehow became unnecessary. The conclusion was supported by no evidence to enable the trial court to reach such a result. 3. The Phelps County District Court erred in finding that a breach of contract occurred between Plaintiffs and Defendant and that the breach was committed by Defendant. The breach occurred when Plaintiffs failed to qualify for FHA financing. 4. No finding of fact was made by the Phelps County District Court that repudiation had occurred or that there was justification for the repudiation.

This page was last modified on Tuesday, April 29, 2014