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 v. Ikram Childcare Center … 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: Kevin Eric Alstrin v. Allison Lynn Alstrin, Carver County 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 v. 398 Northtown Drive BLA LLC, dba Cloud Kitchens 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 v. Richard G. Dunn, et al 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. v. Mark Elliot Homes, LLC, Carla L. Benson, et al., Scherer Bros. … Minn. Ct. App. 2023
Studios, Inc., BOB Acres, LLC v. Schumacher Farms, LLC, -29 (Minn. App. 2011).
International Fluid Power, Inc. v. Holb-Gunther, LLC, d/b/a Sea -Legs 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 v. Minnesota Department of Natural Resources 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 v. LC Rochester, Inc., et al 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 v. Deborah Gibbs, et al Minn. Ct. App. 2020
BOB Acres, LLC v. Schumacher Farms, LLC , -2 9 (Minn. App. 2011), review dismissed (Minn. Aug.
Gerald L. Trooien v. Talon OP, L.P., et al 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 v. Nathan F. Krumrie, et al 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 v. David Leonard Anderson, et al 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. v. Tracy Gratton, et al. and third party plaintiffs, vs. Gail Bendt, third … 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 v. Joseph Ranweiler, et al., B-Dirt, LLC 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, et al v. Dennis Legatt, et al Minn. Ct. App. 2015
Victor Legatt, et al v. Dennis Legatt, et al 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.