Matney v. Webster

GOLDEN, Justice,

concurring in part and dissenting in part, in which URBIGKIT, Chief Justice, joins.

I agree with that portion of the majority opinion which holds that the buyer, appel-lee Bruce Webster, was entitled to a reasonable time to perform and did not breach his contract with the seller, appellant Linda Matney. However, I disagree with the result reached by the majority affirming termination of the contract based on appel-lee’s counterclaim.

A careful reading of the trial court’s judgment and decision letter reveals that it never made a specific finding as to why the contract should be…