Widmer Engineering, Inc. v. Dufalla

How courts have described this case

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

• indicating that a breaching party’s “substantial performance” of its obligations militates strongly against a finding of materiality
• noting that under Pennsylvania contract law, a party to a contract may suspend performance where the other party materially breaches the contract
• stating a party may discontinue performance under a contract only upon a material breach by the other party
• stating “a material breach by one party to a contract entitles the non-breaching party to suspend performance”
• “[T]he non-breaching party does not have a right to suspend performance if the breach is not material.”
• “If, however, the breach is an immaterial failure of performance, and the contract was substantially performed, the contract remains effective.”

Source: CourtListener parenthetical corpus (CC0).