Ashcraft & Gerel v. Coady, Edward

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial error in a civil case which went “to the very heart of [the defendant’s] defense” and was “central to [his] defense” could not be deemed harmless “in the absence of any steps by the district court to mitigate the effects of the error”
• enforcing liquidated damages provision where any “material” breach triggered a set payment
• “[A] party to a contract may defend [a breach of contract claim] on the ground that there existed ... a legal excuse for non-performance ...”
• “[A] party’s continuing obligations under a contract are conditioned on there being no ‘uncured material failure by the other party to render any such performance due at an earlier time.’*” (quoting Restatement (Second) of Contracts § 237)
• “[A] party’s continuing obligations under a contract are conditioned on there being no ‘uncured material failure by the other party to render any such performance due at an earlier time.’” (quoting Restatement (Second) of Contracts § 237)

Source: CourtListener parenthetical corpus (CC0).