APPELLATE HIGHLIGHTS

  • SEE ALL
  • CONTRIBUTING AUTHORS

Desert Mountain Gold LLC v. Amnor Energy Corp., 2017 UT App 218 (Nov. 24, 2017).

Nov 24, 2017

In this contractual dispute, the defendant argued that the first breach rule excused its non-performance under a royalty payment provision. Giving effect to each part of the contract, the court of appeals held that the defendant could not invoke the first breach rule to excuse its non-performance, where the contract contained specific dispute resolution provisions, which the defendant failed to follow.