Frazier v. Mellowitz

How courts have described this case

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

• holding that to award summary judgment, trial court must determine that the undisputed facts establish as a matter of law that the breach was material and it was too late to cure the failure to perform
• tracing Indiana materiality decisions in light of the two Restatements, and using the Restatement (Second) as the legal framework to determine materiality of breach
• “[U]nder the Restatement (Second) of Contracts, an injured party is not discharged from his duty to perform unless (1) the breach is material, and (2) it is too late for performance or an offer to perform to occur.”
• adopting the Restatement (Second) of Contracts § 241 (1981)
• following the Restatement (Second) of Contracts

Source: CourtListener parenthetical corpus (CC0).