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A dispute arose between P and D regarding D's use of a road crossing P's property, over which D claimed an easement to access his residence. P filed suit alleging trespass and tortious interference with contract, and seeking to quiet title. D was granted a temporary order of protection following alleged threatening and harassing behavior by P. P was also permanently enjoined from blocking D's property access or materially altering the property at issue. The parties reached a settlement agreement through mediation. The Agreement provided for the purchase of D's property by P for a sum equal to the greater of the appraised value or $170,000.00. The sale will be as-is. P will pay for an appraisal. The closing shall be on or before April 1, 2020. The parties agreed to specific enforcement of this agreement if it is breached by any party. P conducted a walkthrough of the Property and scheduled an 'appraisal' for January 29, 2020. P retained a real estate agent, capable of providing only a comparative market assessment, not an appraisal. D noted this error and emphasized the need for an appraiser. P retained an appraiser, John Brady, but cancelled the appraisal on the day it was scheduled to occur. P rescheduled Brady to conduct the appraisal on February 27, 2020, telling Brady he would be sending his niece, Julie Bender, to attend the appraisal. D said he would not consent to Julie's presence during the appraisal, but that she could observe from the adjacent property. Brady was agreeable to this arrangement. On the day of the appraisal, P again cancelled Brady's appraisal. D hired Barrie Hogan to appraise the Property. Hogan's appraisal valued the Property at $202,000. One week prior to the closing date, P contacted Kyle Williams about appraising the Property. Williams did not appraise the Property because insufficient time remained before the closing deadline to complete the appraisal. P failed to arrange for the Property to be appraised prior to the closing deadline. Only Hogan's appraisal, commissioned by D and appraising the Property at $202,000, was timely accomplished. D and his family vacated the Property in preparation for delivering possession to Bender. P rejected Hogan's appraisal, insisting he would pay only $170,000 for the Property, and failed to close by the deadline. D filed an emergency motion asking the District Court to enforce the Settlement Agreement. D filed an emergency motion asking the District Court to enforce the Settlement Agreement. Attempts to conduct a hearing were hampered when P was taken from the courthouse in an ambulance as proceedings were about to begin. A hearing scheduled a few days later was curtailed on account of P's continued hospital stay. P then submitted a doctor's letter stating he needed to avoid strenuous activity and recommending he be excused from court proceedings until mid-July. The District Court rescheduled the hearing for July 8, 2020. On July 7, P notified the District Court of a July 8, 2020, medical appointment and requested another continuance. The District Court denied the request. That night, the residence on the Property burned and was a complete loss. P's counsel withdrew from representation. The District Court granted another continuance but awarded D fees and costs to reimburse him for the expenses incurred as a result of the delays. On October 5, 2020, the court held that P was required to purchase the Property for the appraised price of $202,000. The District Court reasoned the condition precedent for execution of the contract was satisfied because 'on the contractual closing deadline of April 1, 2020, the property was in substantially similar condition as it was at the time of contracting,' and P had 'precluded the closing of the property in a timely manner by April 1, 2020. The District Court ordered P to pay $202,000 for the Property, $650 for the appraisal commissioned by D, $34,028.28 in pre-judgment interest, $780.50 for costs and disbursements, and $43,767 in attorney fees. P appealed.

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