McClain v. Kimbrough Const. Co., Inc.

How courts have described this case

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

• reasoning “[o]nly [one party’s] uncured material failure to perform its own contractual obligations would have excused [the other party] from performing its remaining obligations”
• explaining how a breaching party cures by “avoid[ing] additional defective performance” and by “correct[ing] its defective work”
• reasoning “[o]nly [one party’s] uncured material failure to perform its own contractual obligations would have excused [the other party] from performing its remaining obligations”
• refusing to allow plaintiff to recover the profits he originally planned to make on the job due to the fact that assumptions used in calculating the profit had proven to be invalid
• “Requiring notice is a sound rule designed to allow the defaulting party to repair the defective work, to reduce the damages, to avoid additional defective performance, and to promote the informal settlement of disputes.”
• where parties omit material provisions from their contract, the courts will impose obligations on the parties “that are reasonably necessary for the orderly performance of the contract.”

Source: CourtListener parenthetical corpus (CC0).