Mark and Diana LaFlech appeal the trial court’s dismissal of their breach of contract claim against Robert White. Specifically, they contend that the trial court erred in finding a mutual breach of contract.
Conclusion (slip op. at 13): We find that the evidence points to a conclusion different from the one reached by the trial court. Reversed and remanded for further proceedings consistent with this opinion.
Key Analysis (slip op. at 12): When a party retains control over when the condition will be fulfilled, it has an implied obligation to make a reasonable and good faith effort to satisfy the condition . . . Here, the LaFleches presented evidence that White retained control over the business premises . . . Thus, White was required to make a reasonable and good faith effort to conform to the ATC’s rules and regulations in an effort to satisfy the condition precedent. There was no evidence that he had done so.