Pioneer Builders Company v. KDA Corporation
Court of Appeals of Utah
1Opinion of the Court
TOOMEY, Judge:
¶1 K D A Corporation (K D A) appeals the district court's order that denied its Motion to Enforce Redemption Right and granted Pioneer Builders Company of Nevada Inc.'s (Pioneer) Motion to Enforce Settlement Agreement. K D A argues the court erred in ruling K D A waived the statutory right of redemption 1 under the terms of a settlement agreement (the Agreement) between K D A and Pioneer. We conclude K D A did not waive its right of redemption because the Agreement did not contain a clear and unmistakable waiver of that right. We therefore reverse and remand this case to the…
2Cases cited10 opinions
- Zions First National Bank, N.A. v. National American Title Insurance Co.Utah Supreme Court · 1988
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- Bodell Construction Co. v. RobbinsUtah Supreme Court · 2009
- Pledger v. GillespieUtah Supreme Court · 1999
- G.G.A., Inc. v. LeventisCourt of Appeals of Utah · 1989
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