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Appeals court hears contract and fiduciary‑duty dispute over $10,000 cashier’s‑check and damages in Krueger v. Seed Capital
Summary
A three‑judge panel considered whether texts and a proposed $10,000 cashier’s check outside closing amounted to repudiation, and whether plaintiffs marshalled evidence of damages tied to an alleged breach of fiduciary duty involving earnest money, fees and rent payments.
The Utah Court of Appeals heard argument in Krueger v. Seed Capital on whether the district court applied the correct legal standard to alleged repudiation and whether plaintiffs presented sufficient evidence of damages for a breach of fiduciary duty.
Appellants’ counsel argued the sellers’ texts and related communications amounted to a repudiation of an agreement because the buyers offered to tender a $10,000 cashier’s check and the sellers refused that method or indicated they "could not" accept funds outside closing. Counsel invoked the Restatement (Second) of Contracts and Scott v. Majors to press that a flat statement that a party "will not or cannot…
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