Downtown Athletic Club v. Horman

OPINION

BILLINGS, Judge:

Appellant, Downtown Athletic Club (“DAC”) appeals from the district court’s judgment denying its motion to continue and its motion to compel further discovery, and granting respondents’ (jointly referred to as “Horman”) motion for summary judgment. DAC contends that the trial court erred in ruling as a matter of law that the conditions precedent to the parties’ agreement were not satisfied thus discharging Horman’s obligation to perform. We affirm.

DAC executed a written agreement with S.M. Horman on May 8, 1981 entitled “Construction & Lease Agreement for the Downtown…