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  • Mind & Motion Utah Investments LLC v. Ce…Mind & Motion Utah Investments LLC v. Celtic Bank Corp.
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Mind & Motion Utah Investments LLC v. Celtic Bank Corp.

Supreme Court of Utah
367 P.3d 994 (2016)


Mind & Motion Utah Investments LLC (plaintiff) contracted to purchase a parcel of land from Celtic Bank Corporation (defendant). The contract stated that Celtic “shall record” phase one of the development by a certain date. The contract used conditional language, rather than “shall,” for other obligations. To record phase one, Celtic had to obtain approval from multiple county entities. The contract gave Mind & Motion the sole discretion to extend Celtic’s recording deadline. Mind & Motion extended the deadline once but declined to extend it a second time. When Celtic failed to record phase one by the extended deadline, Mind & Motion brought suit for breach of contract. The trial court granted Mind & Motion summary judgment. Celtic appealed, arguing that the recording obligation was conditioned on the county’s approval and that absent that approval Celtic could not be found to be in breach.

Rule of Law


Holding and Reasoning (Durrant, C.J.)

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