Richard F. Kline, Inc. v. Shook Excavating & Hauling, Inc.

Richard F. Kline, Inc., et al., appellant, appeals from a judgment entered on April 29, 2004, by the Circuit Court for Frederick County, in favor of appellee, Shook Excavating & Hauling, Inc, against appellant in the amount of $889,938.11 for breach of contract. The court had previously, in denying appellant’s motion for summary judgment, determined that Article XIX of the subcontract entered into by appellant and appellee is not a “paid if paid” condition precedent, relieving appellant from any obligation to pay appellee.

Appellant presents four questions for our review, which we rephrase, in…