Harman v. 105 Partners
Harman v. 105 Partners, LLC, 2024 UT App 109 (Tenney, J.)
Contracts
105 Partners signed a contract to purchase Property from Seller but did not fulfill the contract’s conditions and did not acquire title. Years later, Harman offered to purchase Property and Seller accepted. 105 Partners sued Seller to enforce 105 Partners’ purchase agreement instead. Seller then settled with 105 Partners and conveyed title to it. Harman thereafter sued 105 Partners and Seller for specific performance. The district court dismissed Harman’s suit, but the Utah Court of Appeals reversed in part and affirmed in part, holding:
- The district court erred in dismissing some of Harman’s claims but did not err in dismissing others.
- Property’s buildings have since been demolished, but Harman’s claims are not moot, because Harman can still seek partial specific performance as a remedy.
- Practice tips: Zealous advocacy must still be professional advocacy, and intemperate advocacy is counterproductive and can distract the decision-maker from the merits of the case.
