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Case Citations 1 (July 2017 through August 2018)

handle is hein.ali/contract0186 and id is 1 raw text is: CONTRACTS CHAPTER 10. CONDITIONS; AND BREACH OF PROMISE AS AN EXCUSE FOR FAILURE TO PERFORM A RETURN PROMISE TOPIC 2. EXPRESS CONDITIONS § 265. Promises Conditional on Promisor's Satisfaction Okl.App.2017. Com. (a) quot. in sup. Seller of real property sued buyer, alleging that buyer invalidly attempted to terminate the parties' contract based on its inability to reach a satisfactory agreement with certain pipeline companies to relocate pipelines under the property. The trial court granted summary judgment for buyer, finding that buyer's termination notice was valid under a contract provision that gave buyer the right to terminate the contract at its sole discretion if it could not reach a satisfactory agreement with the pipeline companies. Reversing and remanding, this court held that the reasonableness of buyer's dissatisfaction with the results of its negotiations with the pipeline companies was not supported by the evidence. The court pointed out that, under Restatement of Contracts § 265, buyer's expression of dissatisfaction with its negotiation with the pipeline companies was not conclusive. Group One Realty, Inc. v. Dahr Properties-memorial Springs, LLC, 404 P.3d 905, 909. TOPIC 3. CONSTRUCTIVE CONDITIONS AND FAILURE OF CONSIDERATION IN PROMISES FOR AN AGREED EXCHANGE § 275. Rules for Determining Materiality of a Failure to Perform Ind.App.2017. Cit. in case cit. in sup., cit. in ftn., cit. in case cit. in ftn. Landlord filed a motion for eviction against tenant, alleging that tenant breached her lease agreement by painting interior walls and changing a door lock; tenant counterclaimed, seeking, inter alia, specific performance of the option to purchase the rental property that she had exercised according to the parties' option agreement. The trial court denied plaintiff s motion for eviction and granted defendant's request for specific performance. This court affirmed, holding that defendant exercised her option to purchase the property before she had received any notice of her failure to perform under the lease or any event of her default, and that she did not materially breach the lease. The court relied on caselaw that cited Restatement of Contracts § 275, noting that the factors set forth in this section were similar to those factors set forth in Restatement Second of Contracts § 241, which had been applied by Indiana courts in determining if there was a material breach. King v. Conley, 87 N.E.3d 1146, 1155. TOPIC 5. WHEN CONDITIONS PRECEDENT ARE EXCUSED AND CONDITIONS SUBSEQUENT INOPERATIVE § 295. Excuse of Condition by Prevention or Hindrance For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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