Cited by
Opinions in Minnesota that cite Park Nicollet Clinic v. Hamann, 808 N.W.2d 828.
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Old Republic Surety Company v. Weinerman and Associates LLC, Mark Bugni, et al
Minn. Ct. App. 2021
“In 4 order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” (citation omitted).
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Minn. 2021
See Park Nicollet Clinic v. Hamman
- Ronald J. Bardine v. Diana M. Petersen, et al Minn. Ct. App. 2021
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Eric Berg, et al v. Wendy Brown, et al
Minn. Ct. App. 2021
7 To establish a breach-of-contract claim, a plaintiff must prove three elements: “(1) formation of a contract, (2) performance by plaintiff of any co nditions precedent to his right to demand performance by the defenda nt, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann , 3 (Minn. 2011).
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Red Star Group, LLC, d/b/a Cheers v. 1933 Lyndale, LLC
Minn. Ct. App. 2021
To prevail on a claim for breach of contract, a plaintiff must prove “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”
- Laurie Jatho, et al v. Northeast Title Company Minn. Ct. App. 2020
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Ola Abdelaziz v. Jeffrey D. Baker
Minn. Ct. App. 2020
To prevail on a breach -of-contract claim, Abdelaziz needs to prove three elem ents: “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann
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Minnkota Architectural Products Co., Inc. v. Rice Lake Construction Group
Minn. Ct. App. 2020
“The statute of limitations begins to run on a claim when the cause of action accrues.”
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Gerald L. Trooien v. Talon OP, L.P., et al
Minn. Ct. App. 2020
Although courts in Minnesota typically include performance of any conditions precedent as an elemen t of a breach -of-contract claim, not every contract contains a condition precedent, see, e.g., Hegseth v. Am.
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Robert Grado v. Integrated Office Solutions Inc.
Minn. Ct. App. 2020
In order to succeed on a breach-of-con tract claim, a plaintiff must show “(1) formation of a contract, (2) performance by plaintiff of any co nditions precedent to his right to demand performance by the defenda nt, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann
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Scott H. Lansing v. Wells Fargo Bank, NA, et al
Minn. Ct. App. 2020
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann
- James A. Compart, et al v. Michael K. Riley, Sr., et al Minn. Ct. App. 2020
- Andrea Tallman v. Albert Brandmire Minn. Ct. App. 2020
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Washington International Insurance Company v. Hannaya Health Care Inc., et al. and third-party plaintiffs, vs. State of Minnesota, …
Minn. Ct. App. 2020
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann
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Francis J. Schumacher v. KMLE, INC., et al
Minn. Ct. App. 2020
Appellants bear the burden of proving the essential elements of a breach-of-contract claim “by a fair preponderance of the evidence.” d 828, 833 (Minn. 2011) (articulating breach-of-contract factors).
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Minn. 2019
(“The procedural posture of this case — review of the grant of a motion to dismiss—also dictates that we apply a de novo review.” (citation omitted)).
- Lance Gerald Milliman v. Sandra K. Karsten, et al., Howell County, et al., Mona Dohman Minn. Ct. App. 2019
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Deborah J. Palmer, surviving spouse and Trustee for the heirs of Gary J. Palmer v. Walker Jamar Company …
Minn. Ct. App. 2019
“A cause of action accrues when all of the elements of the ac tion have occurred, such that the cause of action could be brought and would survive a motion to dismiss for failure to state a claim.”
- Lewison v. Hutchinson 929 N.W.2d 444 Minn. Ct. App. 2019
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Lewison v. Hutchinson
929 N.W.2d 444
Minn. Ct. App. 2019
Park Nicollet Clinic v. Hamann , , 831 (Minn. 2011).
- Julie Tossey v. City of St. Paul Minn. Ct. App. 2019
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Crow Wing Cooperative Power and Light Company v. Great River Energy, et al
Minn. Ct. App. 2019
“A cause of action accrues when all of the elements of the action have occurred, such that the cause of action could be brought and would survive a motion to dismiss for failure to state a claim.”
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Andrew Carufel, et al v. Minnesota Department of Public Safety, et al., Seven, Inc., d/b/a Smart Start, et …
Minn. Ct. App. 2018
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”
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Timothy Langdon, et al v. Holden Farms, Inc.
Minn. Ct. App. 2018
Paper & Copier Co. , (citing Park Nicollet Clinic v. Hamann , ).
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North Country Tire and Auto, Inc., et al v. David Leonard Anderson, et al
Minn. Ct. App. 2018
To establish a breach -of-contract claim, a party must prove three elements: “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann
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Circle Reflection “J” Ranch, LLC, et al v. Hightail Rescue, Inc., et al
Minn. Ct. App. 2018
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.” Park Nicollet Clinic v. Hamann , 3 (Minn. 2011).
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Chester Vernon Jones v. Drew Evans, Superintendent, Minnesota Bureau of Criminal Apprehension in his official capacity
Minn. Ct. App. 2018
Park Nicollet Clini c v. Hamann
- Cruz-Guzman v. State 916 N.W.2d 1 Minn. 2018
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Cruz-Guzman v. State
916 N.W.2d 1
Minn. 2018
Park Nicollet Clinic v. Hamann , , 831 (Minn. 2011).
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Jill Hansen, et al v. U. S. Bank National Association, as Special Administrator and Personal Representative of the …
Minn. Ct. App. 2018
“The statute of limitations begins to run on a claim when ‘the cause of action accrues.’” Park Nicollet Clinic v. Hamann , (quoting Minn. Stat. § 541.01 (2010)).
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J.C. Allen Co., Inc. v. Wisconsin Central Ltd., an Illinois company
Minn. Ct. App. 2018
To establish a breach-of-contract claim, a plaintiff must prove three elements: “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”
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Red Cross Construction, LLC v. Donald Brenn, Martha Brenn
Minn. Ct. App. 2018
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant .” Park Nicollet Clinic v. Hamann
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Christensen Law Office, PLLC v. Serge Ngouambe, et al
Minn. Ct. App. 2018
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) brea ch 7 of the contract by defendant.” Park Nicollet Clinic v. Hamann
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Scott G. Erickson, et al v. Abby Science, Inc. d/b/a Quality Blending, Inc., et al
Minn. Ct. App. 2018
“A cause of action accrues when all of the elements of the action have occurred, such that the cause of action could be brought and would survive a motion to dismiss for failure to state a claim.” Park Nicollet Clinic v. Hamann
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Scott Trebelhorn, d/b/a Trebelhorn & Associates v. Abhishek Agrawal, RTS Financial Group, LLC
Minn. Ct. App. 2017
The essential elements of a breach-of-contract claim are “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and 15 (3) breach of the contract by the defendant.” d 828, 833 (Minn. 2011).
- Security Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd. 897 N.W.2d 821 Minn. Ct. App. 2017
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Security Bank & Trust Co. v. Larkin, Hoffman, Daly & Lindgren, Ltd.
897 N.W.2d 821
Minn. Ct. App. 2017
In so doing, we are mindful that “[a] cause of action accrues when all of the elements of the action have occurred, such that the cause of action could be brought and would survive a motion to dismiss for failure to state a claim.”
- WAF-2, LLC v. Lowry Building, LLC and third party plaintiff, vs. John R. Rupp, third party defendant Minn. Ct. App. 2016
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WAF-2, LLC v. Lowry Building, LLC and third party plaintiff, vs. John R. Rupp, third party defendant
Minn. Ct. App. 2016
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”
- Mary Cocchiarella v. Donald Driggs 884 N.W.2d 621 Minn. 2016
- Mary Cocchiarella v. Donald Driggs 884 N.W.2d 621 Minn. 2016
- Corrine M. Fingalson v. George A. Carlson and Jeanette D. Carlson, individually and as trustees under the Carlson … Minn. Ct. App. 2016
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Corrine M. Fingalson v. George A. Carlson and Jeanette D. Carlson, individually and as trustees under the Carlson …
Minn. Ct. App. 2016
“In order to state a claim for breach of contract, the plaintiff must show (1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to 6 demand performance by the defendant, and (3) breach of the contract by defendant.”
- Robert Martin, et al v. A’BULAE, LLC, et al Minn. Ct. App. 2016
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Robert Martin, et al v. A’BULAE, LLC, et al
Minn. Ct. App. 2016
“To state a claim for promissory estoppel, the plaintiff must show that (1) there was a clear and definite promise, (2) the promisor intended to induce reliance and such reliance occurred, and (3) the promise must be enforced to prevent 9 injustice.”
- Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5 Minn. Ct. App. 2016
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Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5
Minn. Ct. App. 2016
To establish a breach-of-contract claim, a plaintiff must prove three elements: “(1) formation of a contract, (2) performance by plaintiff of any conditions precedent to his right to demand performance by the defendant, and (3) breach of the contract by defendant.”
- Kenneth S. Benigni v. St. Louis County, State of Minnesota, by Department of Human Services, Lake Superior Community … Minn. Ct. App. 2016
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Kenneth S. Benigni v. St. Louis County, State of Minnesota, by Department of Human Services, Lake Superior Community …
Minn. Ct. App. 2016
“The statute of limitations begins to run on a claim when ‘the cause of action accrues.’” (quoting Minn. Stat. § 541.01 (2010)).
- Yvette Ford v. Minneapolis Public Schools 874 N.W.2d 231 Minn. 2016