Bradshaw v. Kershaw

OAKS, Justice:

This is an appeal from an order finding appellant, Walter W. Kershaw, guilty of contempt for failure to deliver a well permit under an earlier decree, and assessing $190,500 damages. The issues are the applicability of the defense of impossibility of performance and the measure of damages, including attorney’s fees.

In August, 1970, appellant as vendor entered into an option contract to sell one Christensen a 480-acre parcel of land in Millard County “together with a 6 C.F.S. well permit purchased from Milo and Boyd Watts, of Kanosh, Utah.” The contract also included another…