RESOURCE MANAGEMENT COMPANY, a Utah Corporation, Plaintiff and Appellant, v. WESTON RANCH AND LIVESTOCK COMPANY INC., George W. Weston, Theda M. Weston, Norman E. Weston, Nethelle W. Weston, J. Simeon Weston, Reta W. Weston, Forty-six Company, Inc., Diamond W. Ranch Company, Inc., and Morrell Weston & Sons Ranching Company, Inc., and John Does 1 through 5, Defendants and Respondents, 706 P.2d 1028

Summary

Appellant corporation and respondents, landowners, negotiated and allegedly entered into a contract whereby appellant was to provide consulting and management services to respondents regarding land having mineral potential. Appellant contended that it had been deprived of royalties of about $ 100,000 from respondents' leases. The trial court ruled against appellant in a claim seeking recovery of oil and gas royalty ruling the contract was invalid. On appeal, the court reversed and remanded the decision of the trial court. The court held that the contract was legitimate as there was not an illusory promise and the consideration was legitimate. The court ruled that under common law the terms of the contract were not unconscionable and appellant's actions did not constitute procedural unconscionability, as appellant did not fail to adequately explain the contract. The court ruled that remand was necessary to determine if appellant materially breached the terms of the contract. The court ...