Maverick Benefit Advisors, LLC Mountain Benefit Associates, LLC Taylor H. Haynes and Elisabeth A. Wasson v. David J. Bostrom Bostrom Enterprises, LLC and Mountain States Review, Inc.

FOX, Justice.

[¶1] The purchasers of a health claims administration company learned that they had not acquired all the assets they contracted to purchase. After continuing to operate the business for 18 months, they stopped making payments on the Promissory Note and commenced an action asserting breach of contract, among other claims. The seller counterclaimed for breach of contract, seeking full payment under the Asset Purchase Agreement, and the purchasers raised the affirmative defense that seller was first to breach. At trial, at the close of the purchasers’ evidence, the district court…