Lamitu Corp. v. Stottler Stagg & Associates, Inc.

This is an appeal by the defendant [technically the counterdefendant] from an adverse final judgment entered after a non-jury trial in a breach of contract action in which the plaintiff [technically the counter-plaintiff] sought to recover for architectural services performed for the defendant. The sole point on appeal is that the plaintiff failed to establish an alleged condition precedent in order to recover on the oral modification agreement sued upon, to wit: the actual construction of the defendant’s house, which construction the defendant in fact cancelled after the architectural plans…