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· 8/8/2007

Collins v. McKinney

Citations

  • 871 N.E.2d 363
  • 2007 Ind. App. LEXIS 1807
  • 2007 WL 2257323

How courts have described this case

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

  • explaining that whether a party has committed a material breach is a question of fact
  • providing that the fact that it was \not at all clear\ that the appellant could be adequately compensated for the part of the benefit of which she had been deprived supported a finding that the breach was material
  • providing that the fact that it was \not at all clear\ that the appellant could be adequately compensated for the part of the benefit of which she had been deprived supported a finding that the breach was material
  • granting motion to dismiss because Plaintiff failed to “include any allegations about the formation of those contracts, the terms, or any other specifics . . . .”
  • applying Restatement (Second) of Contracts § 241 to determine the materiality of the breach
  • “To recover for a breach of contract, a plaintiff must prove that: (1) a contract existed, (2) the defendant breached the contract, and (3) the plaintiff suffered damage as a result of the defendant’s breach.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Vaidik, Sullivan, Robb

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.