United States v. Mimms

How courts have described this case

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

• providing that buyer’s “breach of any term, even an immaterial term, would allow [seller] to terminate the [agreement] and sue for specific performance”
• stating that the “[n]on-occurrence of a condition is not a breach by a party unless he is under a duty that the condition occur.”
• explaining that “the rejection of an execu-tory contract is the economic equivalent of the debtor’s refusal to perform a non-exec-utory contract giving rise to the same unsecured claim”
• stating that where the parties “contractually agree that some or all of the terms are sufficiently important to discharge any further obligations imposed on the party aggrieved by a breach, their intent will govern”
• rejection of an executory contract is the economic equivalent of the debtor’s refusal to perform a non-executory contract, giving rise to the same unsecured claim
• “Rejection signifies that the debtor will breach the contract and not perform.”

Source: CourtListener parenthetical corpus (CC0).