Dishner Developers, Inc. v. Brown

I respectfully dissent from the majority opinion that affirms the trial court’s judgment for plaintiff.

I would hold that plaintiff’s prior breach of the contract excused defendant’s performance. Alternatively, I would hold that the trial court’s conclusions of law that defendant unilaterally breached the contract are not supported by its findings of fact that defendant’s conduct was an unequivocal repudiation of the contract. I would hold that defendant is entitled to a refund of her earnest money.

I. NOTICE

In addition to the facts set out in the majority’s opinion, I add the following:…