K & K RECYCLING, INC. v. Alaska Gold Co.

How courts have described this case

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

• acknowledging that promises set forth in a contract must be enforced through a breach of contract claim rather than a tort claim
• expressing doubt about permitting a conversion claim where the claim sounded in contract because “every contract breach cannot be turned into a tort”
• “[S]ummary judgment is improper when the evidence before the superior court establishes a factual dispute as to the intent of the contracting parties.”
• “The intent of the parties when entering a contract is a question of fact and is thus reviewed under the clearly erroneous standard.”
• “To be a repudiation, ‘a party’s language must be sufficiently positive to be reasonably interpreted to mean that the party will not or cannot perform.’ ” (quoting RESTATEMENT (SECOND) OF CONTRACTS § 250 cmt. b (AM. LAW. INST. 1981))
• “[T]o be an anticipatory breach based on a request for additional conditions, ‘the request must be coupled with an absolute refusal to perform unless the request is granted.’ ” (quoting 17A AM. JUR. 2d Contracts § 738, at 752 (1991))

Source: CourtListener parenthetical corpus (CC0).