State v. Higson

How courts have described this case

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

• holding that approximately 6.6% of the total consideration was a “minor part of the consideration”
• holding that, where a party had substantially paid under the contract, its failure to render full payment was not a material breach excusing the other party’s performance but merely abated the damages
• \But a failure of an unsubstantial part of the consideration for a contract is not such an excuse. Such failure of the consideration is merely a ground for an abatement of the damages.\
• “Before partial failure of performance of one party will excuse the other from performing his contract or give him a right of rescission, the act failed to be performed must go to the root of the contract”
• dispute over assumption of loan -4- payments by third party
• failure to pay $1,000 of $15,000 consideration

Source: CourtListener parenthetical corpus (CC0).