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eqinvestor

10/21/21 7:56 AM

#49229 RE: Coreton #49227

Coreton, the appeals court job in this case is to see if the law was applied correctly. The conditions precedent was brought up right at the beginning and was also pleaded as an affirmative defense. Admitttedly, the Bolzans never argued before default judgment that GDSI waived their right to recover on the tax liabilities because they waived their right as a result of waiving the conditions precedent. That argument still does not get them past the warranty that the financial statements are accurate. Rontans appellate lawyer tried to blur the line between warranty and conditions precedent but I'm not sure the appeals court will buy it