Ujdur v. Thompson

WALTERS, Chief Judge.

This appeal involves the performance of a written agreement entered to settle disputed rights between joint purchasers of real property. The agreement essentially provided for one purchaser to buy out the interest of the other within a specific period of time. The question presented for our review is whether the timely tender of an insufficient payment amount, followed by an untimely tender of the full payment amount, constituted substantial performance under the agreement. Because we conclude that it did not, we affirm the decision of the district court.

Facts

The…