SDG MacErich Properties, L.P. v. Stanek Inc.

How courts have described this case

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

• noting that the “majority of state high courts . . . allow equitable relief only in cases of fraud, misrepresentation, undue influence, mistake, waiver, and duress”
• defining “substantial performance” as providing the important and essential benefits of the contract to the promisee, despite deviation from contract requirements
• “Any conditions precedent to the 8 option provision must be fulfilled according to the agreement for the option to become a contract between the parties.”
• “Any conditions precedent to the option provision must be fulfilled according to the agreement for the option to become a contract between the parties.”
• “Where the parties made time of the essence in setting a deadline for exercising an option, strict compliance is required.”
• “[E]quitable relief [such as declaratory judgment] is not available for a commercial party who, through its own carelessness, failed to timely exercise its option to renew a lease agreement.”

Source: CourtListener parenthetical corpus (CC0).