Thee Aguila v. Investel Two CA2/4

INTRODUCTION

In 2016, Thee Aguila, Inc. (TAI) entered into a contract to purchase a property from Investel Two, LLC. TAI also leased the property while the sale was pending. The property included a building on a parcel that the parties agreed would be subdivided. In 2016 and 2017, the building was damaged. TAI collected insurance payments from its own insurer for the damages and loss of use. Investel also submitted insurance claims relating to the damage, but later abandoned those claims. The sale was never completed. TAI sued Investel in 2022, alleging breach of contract and breach of the implied covenant of good faith and fair dealing. As relevant to this appeal, TAI asserted that Investel breached the purchase agreement by failing to complete the subdivision, and breached the covenant of good faith and fair dealing by abandoning its insurance claims. The case went to trial. After TAI presented its evidence to a jury and rested, Investel moved for nonsuit and the trial court granted the motion. TAI appealed. We find no error in the nonsuit. As to the breach of contract cause of action relating to the subdivision, TAI did not present evidence to support a finding that Investel…