Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., in Re Richmond Metal Finishers, Inc., Debtor

How courts have described this case

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

• holding that the licensor’s contingent duty of indemnifying the licensee was material
• observing that issue of whether contract is executory is one of law
• explaining that a contract is executory when performance is due from both parties
• adopting executory contracts definition propounded by Vern Countryman, Executory Contracts in Bankruptcy: Part I, 57 Minn. L. Rev. 439, 460 (1973)
• “The unperformed, continuing core obligations of notice and forbearance in licensing made the contract executory as to [the defendant].”
• “The unperformed, continuing core obligations of notice and forbearance in licensing made the contract executory as to [the defendant].”

Source: CourtListener parenthetical corpus (CC0).