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Cited by

Opinions in Minnesota that cite Bob Acres, LLC v. Schumacher Farms, LLC, 797 N.W.2d 723.

33 citing documents.

  • VH-Minneapolis South Inc v. TGI Friday's Inc., Akaashaman LLC Minn. Ct. App. 2025
  • VH-Minneapolis South Inc v. TGI Friday's Inc., Akaashaman LLC Minn. Ct. App. 2025
    9 to sue for damages.” BOB Acres, LLC v. Schumacher Farms, LLC, rev. dismissed (Minn. Aug.
  • 515 W. Lake LLC as successor in interest to Michael Carlson and Jeanne Carlson, Respondent, Minn. Ct. App. 2025
    A breach is material when it “is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.” BOB Acres, LLC v. Schumacher Farms, LLC, (quotation omitted), rev. granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • In re the Marriage of: Minn. Ct. App. 2025
    “Ignoring a provision in a contract will constitute waiver if the party whom the provision favors continues to exercise his contract rights knowing that the condition is not met.” BOB Acres, LLC v. Schumacher Farms, LLC, -28 (Minn. App. 2011) (quotation omitted), rev. granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • Northtown Mall Territories LLC, Appellant, Minn. Ct. App. 2024
    A material breach is one that “goes to the root or essence of the contract” and “is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.” BOB Acres, LLC v. Schumacher Farms, LLC, (quotations omitted), rev. granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • Jeffrey D. Kuhn v. Richard G. Dunn 8 N.W.3d 633 Minn. 2024
  • Jeffrey D. Kuhn v. Richard G. Dunn 8 N.W.3d 633 Minn. 2024
    The court of appeals has defined “material breach” in alignment with this authority, BOB Acres, LLC v. Schumacher Farms, LLC, –29 (Minn. App. 2011), as have other states, see, e.g., Horton v. Horton, 487 S.E.2d 200, 204 (Va.
  • Jeffrey D. Kuhn, Appellant, Minn. Ct. App. 2023
    A material breach must be “significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.” D-10 BOB Acres, LLC v. Schumacher Farms, LLC , (quotation omitted), rev. granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • S. M. Hentges & Sons, Inc., Respondent, Minn. Ct. App. 2023
    Studios, Inc., BOB Acres, LLC v. Schumacher Farms, LLC, -29 (Minn. App. 2011).
  • International Fluid Power, Inc., Respondent, Minn. Ct. App. 2022
    “A material breach is a breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total.” BOB Acres, LLC v. Schumacher Farms, LLC, (quotation omitted).
  • Mesabi Metallics Company, LLC, et al., Appellants, Minn. Ct. App. 2022
    Although our caselaw has not defined what a “material” condition is, we have defined “material,” in the context of a material breach, as one that “goes to the root or essence of the contract.” BOB Acres, LLC v. Schumacher Farms, LLC, (quotation omitted), rev. dismissed (Minn. Aug.
  • In re the Estate of: Terry Lee McCoy, Deceased. Minn. Ct. App. 2022
    “Waiver is ‘an intentional relinquishment of a known right’ that must ‘clearly be made to appear from the facts disclosed.’” BOB Acres, LLC v. Schumacher Farms, LLC, (quoting Citizens Nat’l Bank of Madelia v. Mankato Implement, Inc., ) , rev. granted (Minn. June 5 14, 2011) and appeal dismissed (Minn. Aug.
  • Athena 2004, LLC, Respondent, Minn. Ct. App. 2021
    See BOB Acres, LLC v. Schumacher Farms, LLC, (stating that a “material breach goes to the root or essence of th e contract” (quotation omitted)), review dismissed (Minn. Aug.
  • David Timp, et al., Respondents, Minn. Ct. App. 2020
    BOB Acres, LLC v. Schumacher Farms, LLC , -2 9 (Minn. App. 2011), review dismissed (Minn. Aug.
  • A19-1654 Minn. Ct. App. 2020
    16 Schumacher Farms, LLC , -29 (Minn. App. 2011), review granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • Skyler Woodard, Appellant, Minn. Ct. App. 2020
    “A material bre ach is ‘[a] breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partia l), thus excusing that part y from further performance and affording it the right to sue for damages.’” BOB Acres, LLC v. Schumacher Farms, LLC , (Mi nn.
  • North Country Tire and Auto, Inc., et al., Appellants, Minn. Ct. App. 2018
    BOB Acres, LLC v. Schumacher Farms , LLC, review granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • Manor Warehouse & Delivery, Inc., Appellant, Minn. Ct. App. 2018
    514, 515 (1928) (noting that “the conclusion of waiver is not supported unless the inference can reasonably be drawn that the intention to waive has been formed and expressed”); BOB Acres, LLC v. Schumacher Farms, LLC, (“Waiver is an intentional relinquishment of a known right that must clearly be made to appear from the facts disclosed.” (quotation omitted) ), review granted (Minn. June 14, 2011) and appeal dismissed (Minn. Aug.
  • Timothy Aadland, et al., Respondents, Minn. Ct. App. 2018
    A material breach is “[a] breach of contract that is significant enough to 11 permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.” BOB Acres, LLC v. Schumacher Farms, LLC , (quotations omitted).
  • Capistrant v. Lifetouch National School Studios, Inc. 899 N.W.2d 844 Minn. Ct. App. 2017
  • Capistrant v. Lifetouch National School Studios, Inc. 899 N.W.2d 844 Minn. Ct. App. 2017
    BOB Acres, LLC v. Schumacher Farms, LLC, -29 (Minn.App.
  • Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016
  • Valley Paving, Inc. v. Stanley Consultants, Inc. Minn. Ct. App. 2016
    BOB Acres, LLC v. Schumacher Farms, LLC, review dismissed (Minn. Aug.
  • Victor Legatt v. Dennis Legatt Minn. Ct. App. 2015
  • Victor Legatt v. Dennis Legatt Minn. Ct. App. 2015
    A material breach is “a breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.” BOB Acres, LLC v. Schumacher Farms, LLC, (quoting Black’s Law Dictionary 214 (9th ed. 2009).
  • Randy Lundgren v. Diane Cash Minn. Ct. App. 2015
  • Randy Lundgren v. Diane Cash Minn. Ct. App. 2015
    BOB Acres, LLC v. Schumacher Farms, LLC, d 723, 728 (Minn. App. 2011) (quotation and citation omitted).
  • Construction Services, Inc. of Duluth v. Town of Alborn Minn. Ct. App. 2015
  • Construction Services, Inc. of Duluth v. Town of Alborn Minn. Ct. App. 2015
    “A material breach is ‘[a] breach of contract that is significant enough to permit the aggrieved party to elect to treat the breach as total (rather than partial), thus excusing that party from further performance and affording it the right to sue for damages.’” BOB Acres, LLC v. Schumacher Farms, LLC, - 29 (Minn. App. 2011) (citing Black’s Law Dictionary 214 (9th ed. 2009)).
  • Micke-Pokel Farms TRF v. Viona Rieden Minn. Ct. App. 2014
  • Micke-Pokel Farms TRF v. Viona Rieden Minn. Ct. App. 2014
    BOB Acres, LLC v. Schumacher Farms, LLC, –29 (Minn. App. 2011).
  • TC/American Monorail, Inc. v. Custom Conveyor Corp. 822 N.W.2d 812 Minn. Ct. App. 2012
  • TC/American Monorail, Inc. v. Custom Conveyor Corp. 822 N.W.2d 812 Minn. Ct. App. 2012
    See, e.g., BOB Acres, LLC v. Schumacher Farms, LLC, -29 (Minn.App.2011) (rejecting argument that appellant was excused from performing under contract because alleged breach was not material), review granted (Minn. June 14, 2011), appeal dismissed (Minn. Aug.