Mojave Milling Properties, Inc., Dba Mojave Mining & Milling Inc., Cross-Appellee v. Corval Development, Inc., Cross-Appellant

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. MOJAVE MILLING PROPERTIES, INC., dba Mojave Mining & Milling Inc., Plaintiff-Appellant, Cross-Appellee, v. CORVAL DEVELOPMENT, INC., Defendant-Appellee, Cross-Appellant. Nos. 91-16841, 92-15063. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1993. Decided May 7, 1993. Before SCHROEDER, PREGERSON and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * FACTS 2 This case stems from a land sale contract dispute between Mojave Mining, the buyer ("Mojave"), and Corval Development, the seller ("Corval"). 1 The underlying issue is whether Mojave was excused from defaulting on a payment owed to Corval pursuant to the sale agreement. The district court granted summary judgment against Mojave on this issue. We affirm. FACTS 3 Negotiations for the sale of the Yucca Mill began in August, 1989. The essential terms of the sales contract were agreed upon soon after. The parties, however, went back and…