Legal Opinion

Enerdyne Corporation v. Wm. Lyon Development Co., Inc., and Panorama Company, Inc., Intervenor-Appellant

Court of Appeals for the Tenth Circuit

Decided December 28, 1973No. 73-1345, 73-1346PublishedCited by 6 opinions

1Opinion of the Court

BARRETT, Circuit Judge.

Enerdyne Corporation (Enerdyne) brought this suit against William Lyon Development Company (Lyon) for damages, alleging wrongful termination and breach of a written contract to purchase land. The trial court granted Lyon’s Motion to Dismiss. The Court also dismissed Panorama Company’s (Panorama) intervenor action for a brokerage commission. The Court held that a firm commitment from the FHA guaranteeing an insurable mortgage in the amount of $2,561,000 by Enerdyne was a condition precedent to a valid and binding contract and that Enerdyne failed to perform the condition…

2Cases cited9 opinions

  1. Dailey v. City of Lawton, OklahomaCourt of Appeals for the Tenth Circuit · 1970
  2. Williams v. EnglerNew Mexico Supreme Court · 1942
  3. Harp v. GourleyNew Mexico Supreme Court · 1961
  4. Sta-Rite Industries, Inc., a Corporation v. Homer JohnsonCourt of Appeals for the Tenth Circuit · 1972
  5. Sanders v. FreelandNew Mexico Supreme Court · 1958

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3Cited by6 opinions

  1. Shumaker v. LEARSuperior Court of Pennsylvania · 1975
  2. Elephant Butte Resort Marina, Inc. v. WooldridgeNew Mexico Supreme Court · 1985
  3. Western Commerce Bank v. GillespieNew Mexico Supreme Court · 1989
  4. Transcontinental Gas Pipe Line Corp. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1981
  5. Evatt v. SteeleNew Mexico Supreme Court · 1989

1 more not listed; retrieve them via the Exa API.

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