Elden C. Kimball, Aka Eldon C. Kimball, Plaintiff and Respondent v. Lewis E. Campbell, Defendant and Appellant

Summary

The Utah Supreme Court affirmed a judgment awarding Elden Kimball damages for Lewis Campbell's breach of an agreement under which Kimball withdrew his higher bid at a trustee's sale in exchange for Campbell's promised payment of $10,000 and a lien release. The court held the written agreement was ambiguous as to the timeliness and order of performance, so the trial court properly considered parol evidence of the parties' intent, and its finding that delivery of the lien release was not a condition precedent to payment was supported by substantial evidence. The court declined to remand for Campbell's unasserted counterclaim, holding it compulsory under Rule 13(a) and therefore waived, and in any event unsustainable as a matter of law under the court's construction of the contract.