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Bell v. Elder

Utah Court of Appeals
782 P.2d 545 (Utah App. 1989)


Facts

The Bells (plaintiffs) contracted to buy a plot of undeveloped land from the Elders (defendants). The supplement agreement to the contract provided that the Bells must obtain a building permit and that the Elders must furnish culinary water to the land. The agreement did not specify a time for the completion of either. Neither party performed its promise. The Bells brought suit for breach of contract on the grounds that the Elders had not supplied culinary water. The trial court found in favor of the Elders. The Bells appealed.

Rule of Law

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Issue

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Holding and Reasoning (Bullock, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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