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Bloom Master Inc. v. Bloom Master LLC, 2019 UT App 63 (April 25, 2019)

Apr 25, 2019

In this case involving a claim the buyer breached a promissory note by underpaying, the Court of Appeals reversed the district court’s order granting summary judgment to the buyer based on a provision of a promissory note allowing an unspecified reduction in payments if the subject product “failed to generate expected sales numbers.”  The Court of Appeals held that the provision was an unenforceable agreement to agree despite the fact that it contained mandatory language concerning the obligation to accept reduced payments.