A-25-0278 BJE, LLC (Appellee) v. Viola M. Burkett (Appellant)
Adams County, District Court, Judge Timothy E. Hoeft
Attorney for Appellant: Andrew J. Hilger (Law Office of Andrew J. Hilger)
Attorney for Appellee: Mitchell C. Stehlik (Stehlik Law Firm, P.C., L.L.O)
Civil Action: Contract, Breach of Real Estate Purchase Agreement
Action Taken by Trial Court: The district court affirmed the order of the county court that found that Burkett had breached the purchase agreement.
Assignments of Error on Appeal: Appellant assigns that the county court erred by (1) not determining whether the plaintiff proved by a preponderance of evidence that the hail damage occurred after the execution of the purchase agreement, (2) concluding that the risk of loss provision in the purchase agreement applied, (3) determining that the defendant breached the purchase agreement by failing to notify the plaintiff of the damage, (4) determining that the defendant breached the purchase agreement by not remedying the damage, and (5) concluding that the defendant had a contractual obligation to pay the insurance proceeds and her deductible to the plaintiff.