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Opinions in Minnesota that cite Lesmeister v. Dilly, 330 N.W.2d 95.

112 citing documents.

Capital Construction, LLC, Respondent, Minn. Ct. App. 2025
As the Hanzliks point out, “non-breaching parties should recover damages sustained by reason of the breach [that] arose naturally from the breach or could reasonably be supposed to have been contemplated by the parties when making the contract as the probable result of the breach.” see also Franklin Mfg.
Ann Riley, Respondent, Minn. Ct. App. 2024
he jury found [Harris and Mid State] negligent and award [ed] damages, that finding would also apply to the breach o f contract and breach of warranty claims.” Although principles of comparative fault are applied in negligence cases , “contract law has never spoken in terms of fault”; the comparative fault statute “was not intended to apply generally to contract cases.”
Scott Lee Neiman, et al., Respondents, Minn. Ct. App. 2023
And plaintiffs “should recover damages sustained by reason of the breach which arose naturally from the breach or could reasonably be 15 supposed to have been contemplated by the parties when making the contract as the probable result of the breach.”
Khamar Abdulle, Appellant, Minn. Ct. App. 2023
1 See, d 423, 424 (Minn. 1987)
Tesfaye Shikur, Respondent, Minn. Ct. App. 2022
Joy Trueblood, Appellant, Minn. Ct. App. 2021
See, e.g., Lesmeister v. Dilly , (Mi nn.
SM Investments, LLC, Appellant, Minn. Ct. App. 2018
Sherwood Forest, Inc., Respondent, Minn. Ct. App. 2017
Sela Roofing and Remodeling, Inc., d/b/a as Sela Gutter Connection, Respondent, Minn. Ct. App. 2017
Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC Minn. Ct. App. 2016
Mark Lanterman v. Michael Roman Afremov Minn. Ct. App. 2016
Mark Lanterman v. Michael Roman Afremov Minn. Ct. App. 2016
But the measure of contract damages is generally “based on recovery of the expectancy or benefit of the bargain.” See
In re the Marriage of: Kenneth M. Kuller v. Elizabeth L. Kuller Minn. Ct. App. 2015
In re the Marriage of: Kenneth M. Kuller v. Elizabeth L. Kuller Minn. Ct. App. 2015
Findings related to evidence submitted by Kuller “It is settled that on appeal, the court views the evidence in the light most favorable to the prevailing party.”
Commonwealth Land Title Insurance Company v. Historic Ivy Tower, LLC Minn. Ct. App. 2014
Commonwealth Land Title Insurance Company v. Historic Ivy Tower, LLC Minn. Ct. App. 2014
Ivy parties are precluded from recovering on that basis because “negligent breach of contract[ is] a cause of action not recognized in this state.” (); (“[W]hen a contract provides the only source of duties between the parties, Minnesota law does not permit the breach of those duties to support a cause of action in negligence.” (quotation omitted) (citing Lesmeister, 33
Bass v. Equity Residential Holdings, LLC 849 N.W.2d 87 Minn. Ct. App. 2014
Bass v. Equity Residential Holdings, LLC 849 N.W.2d 87 Minn. Ct. App. 2014
Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co. 825 N.W.2d 695 Minn. 2013
Engineering & Construction Innovations, Inc. v. L.H. Bolduc Co. 825 N.W.2d 695 Minn. 2013
(finding that “[t]he gravamen of this case in our view is contractual” because “[a]ny duties between the parties arose out of contracts, about which there was opportunity to bargain and allocate risks and duties.
Glorvigen v. Cirrus Design Corp. 816 N.W.2d 572 Minn. 2012
Glorvigen v. Cirrus Design Corp. 816 N.W.2d 572 Minn. 2012
Because of the differences between tort and contract actions, “[w]hen a contract provides the only source of duties between the parties, Minnesota law does not permit the breach of those duties to support a cause of action in negligence.” United States v. Johnson, 853 F.2d 619, 622 (8th Cir.1988) ().
Fidelity & Deposit Co. v. Bondwriter Southwest, Inc. 263 P.3d 633 Ariz. Ct. App. Div. 1 2011
Glorvigen v. Cirrus Design Corp. 796 N.W.2d 541 Minn. Ct. App. 2011
Glorvigen v. Cirrus Design Corp. 796 N.W.2d 541 Minn. Ct. App. 2011
Van Guilder v. National Freight, Inc. 686 N.W.2d 339 Minn. Ct. App. 2004
Van Guilder v. National Freight, Inc. 686 N.W.2d 339 Minn. Ct. App. 2004
Viewing the evidence in the light most favorable to the verdict, we “will set aside a jury verdict only if [it is] manifestly contrary to the evidence.” Hughes, d at 198 .
Leamington Co. v. Nonprofits' Insurance Ass'n 661 N.W.2d 674 Minn. Ct. App. 2003
Leamington Co. v. Nonprofits' Insurance Ass'n 661 N.W.2d 674 Minn. Ct. App. 2003
Domtar, Inc. v. Niagara Fire Insurance Co. 563 N.W.2d 724 Minn. 1997
Domtar, Inc. v. Niagara Fire Insurance Co. 563 N.W.2d 724 Minn. 1997
(citing Northern Petrochem.
Lassen v. First Bank Eden Prairie 514 N.W.2d 831 Minn. Ct. App. 1994
Lassen v. First Bank Eden Prairie 514 N.W.2d 831 Minn. Ct. App. 1994
Hanks v. Hubbard Broadcasting, Inc. 493 N.W.2d 302 Minn. Ct. App. 1992
Hanks v. Hubbard Broadcasting, Inc. 493 N.W.2d 302 Minn. Ct. App. 1992
See, (where the duties arose out of contracts, it was error to submit the theory of “negligent breach” of contract to the jury); Wild v. Rarig, 302 Minn. 419, 442 , (“[a] malicious or bad-faith motive in breaching a contract does not convert a contract action into a tort action”)
Cohen v. Cowles Media Co. 445 N.W.2d 248 Minn. Ct. App. 1989
Cohen v. Cowles Media Co. 445 N.W.2d 248 Minn. Ct. App. 1989
MERLE'S CONST. CO., INC. v. Berg 442 N.W.2d 300 Minn. 1989
MERLE'S CONST. CO., INC. v. Berg 442 N.W.2d 300 Minn. 1989
Rekstad v. McGroarty 422 N.W.2d 37 Minn. Ct. App. 1988
Rekstad v. McGroarty 422 N.W.2d 37 Minn. Ct. App. 1988
Northwest Wholesale Lumber, Inc. v. Citadel Co. 415 N.W.2d 399 Minn. Ct. App. 1987
Northwest Wholesale Lumber, Inc. v. Citadel Co. 415 N.W.2d 399 Minn. Ct. App. 1987
Hayle Floor Covering, Inc., v. First Minnesota Construction Co., (lien filed beyond statutory time limit must be held invalid).
Prichard Bros., Inc. v. Grady Co. 407 N.W.2d 423 Minn. Ct. App. 1987
Prichard Bros., Inc. v. Grady Co. 407 N.W.2d 423 Minn. Ct. App. 1987
Gillespie v. Klun 406 N.W.2d 547 Minn. Ct. App. 1987
Gillespie v. Klun 406 N.W.2d 547 Minn. Ct. App. 1987
DeMarais v. North Star Mutual Insurance Co. 405 N.W.2d 507 Minn. Ct. App. 1987
DeMarais v. North Star Mutual Insurance Co. 405 N.W.2d 507 Minn. Ct. App. 1987

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