Legal Opinion
Ralph and Carolee Thomas v. Montelucia Villas
Arizona Supreme Court
Decided June 14, 2013No. CV-12-0156-PRPublishedCited by 54 opinions
1Opinion of the Court
OPINION
BRUTINEL, Justice.
¶ 1 Buyers of a new home anticipatorily breached the purchase contract and then sued to recover progress payments made to the seller during the home’s construction. The contract provided that these payments were to serve as liquidated damages in the event of the buyer’s breach. We hold that the defendant seller, in order to retain the payments, must prove that it was ready, willing, and able to perform under the contract.
I
¶ 2 On January 20, 2006, Ralph and Caro-lee Thomas signed a contract with Montelu-eia Villas, LLC for the construction of a custom villa for…
2Cases cited11 opinions
- United California Bank v. Prudential Insurance Co. of AmericaCourt of Appeals of Arizona · 1983
- Graham v. AsburyArizona Supreme Court · 1975
- Record Club of America, Incorporated, Cross-Appellant v. United Artists Records, Incorporated, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Kammert Bros. Enterprises, Inc. v. Tanque Verde Plaza Co.Arizona Supreme Court · 1967
- Bowen v. KorellWyoming Supreme Court · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
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- In re Arizona Theranos, Inc., LitigationDistrict Court, D. Arizona · 2017
- 11333 Inc. v. Certain Underwriters at Lloyd'sDistrict Court, D. Arizona · 2017
- In re Ariz. Theranos, Inc., Litig.District Court, D. Arizona · 2018
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