Party required to make good faith effort to satisfy condition precedent

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UNPUBLISHED

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.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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