Cooper Enterprises, PC v. Brighton Title Co.

OPINION

ORME, Judge:

11 Defendant Brighton Title Company, LLC (Brighton) challenges the district court's grant of summary judgment in favor of plaintiff Cooper Enterprises, PC (Seller). At issue is an escrow agent's responsibility as to an earnest money deposit in a situation where the seller holds only a contractual right to acquire the subject property and not actual title. We affirm the summary judgment in favor of Seller.

BACKGROUND

T2 On May 25, 2007, defendant Deseret Sky Development, LLC (Buyer) 1 and Seller entered into a Real Estate Purchase Contract (the REPC). The REPC required Buyer…