Utah Supreme Court

Resource Management Co. v. Weston Ranch

August 23, 1985706 P.2d 1028

Summary

The Utah Supreme Court held that the consulting agreement was supported by consideration because RMC's promises were not illusory; its termination right was limited by an implied duty of good faith. The court also held that the agreement was not unconscionable when made, and that later increases in the value of the royalty interest did not establish unconscionability. The court reversed and remanded because the trial court had not resolved alleged breaches, the effect of the contract's duration provisions, or whether specific performance was appropriate.