Fitness International, LLC v. City Center Ventures, LLC

Citations

• 9 N.W.3d 526

Syllabus

1. The doctrine of temporary frustration of purpose delineated in the Restatement (Second) of Contracts § 269 is a justification for nonperformance of a contract that is recognized under Minnesota law in certain circumstances. 2. Summary judgment in favor of the landlord was appropriately granted because, even assuming that the doctrine of temporary frustration of purpose may be used as the basis for a breach-of-contract claim and not only as an affirmative defense, the commercial lease tenant's obligation to perform under the lease agreement was merely suspended during the period of temporary frustration, not discharged. Affirmed.