Cited by

Opinions in Minnesota that cite Schwickert, Inc. v. Winnebago Seniors, Ltd., 680 N.W.2d 79.

24 citing documents.

Benchmark Investments, LLC, Respondent, Minn. Ct. App. 2025
See Schwickert, Inc. v. Winnebago Seniors, Ltd. , (stating that the “remaining duties of one party to a contract are conditioned on there being no previous uncured material failure by the other party” (quotation omitted)); Soderbeck v. Ctr.
A22-0724 Minn. Ct. App. 2023
See Schwickert, Inc. v. Winnebago Seniors, Ltd., (describing prior material breach as the principle that “the remaining duties of one party to a contract are conditioned on there being no previous uncured material failure by the other party” (quotation omitted)).
K & R Landholdings, LLC, d/b/a High Banks Resort, Appellant, Minn. Ct. App. 2018
1.” Schwickert, Inc. v. Winnebago Seniors, Ltd.
In Re: Court Ordered MSA 103E.715 Subd 6 - Repair Matter. Minn. Ct. App. 2017
Schwickert, Inc. v. Winnebago Seniors, Ltd.
Chrystal Gardner v. Accend Services Minn. Ct. App. 2016
Chrystal Gardner v. Accend Services Minn. Ct. App. 2016
See Schwickert, Inc. v. Winnebago Seniors, Ltd., (citing Restatement (Second) of Contracts § 237 (1981) to reiterate that “remaining duties of one party to a contract are conditioned on there being no previous ‘uncured material failure’ by the other party”).
Gary A. Meiners v. Kruckow Companies, LLC, and third party v. Anthony R. Hammell, third party Minn. Ct. App. 2015
Gary A. Meiners v. Kruckow Companies, LLC, and third party v. Anthony R. Hammell, third party Minn. Ct. App. 2015
“Recovery of attorney fees must be based on either a statute or a contract.” Schwickert, Inc. v. Winnebago Seniors, Ltd., d 79, 87 (Minn. 2004).
Robert Davis Construction, Inc. v. Morgan C. Althoen Minn. Ct. App. 2014
Robert Davis Construction, Inc. v. Morgan C. Althoen Minn. Ct. App. 2014
8 Generally, “[r]ecovery of attorney fees must be based on either a statute or a contract.” Schwickert, Inc. v. Winnebago Seniors, Ltd.
Sterling State Bank v. Maas Commercial Properties, LLC Minn. Ct. App. 2014
Sterling State Bank v. Maas Commercial Properties, LLC Minn. Ct. App. 2014
v. Crotty, such as by a “previous ‘uncured material failure’ by the other party,” Schwickert, Inc. v. Winnebago Seniors, Ltd., (quoting Restatement (Second) of Contracts § 237 (1981)), or “a repudiating party[’s] .
Arthur Allen Hogenson v. Michael W. Hogenson 852 N.W.2d 266 Minn. Ct. App. 2014
Arthur Allen Hogenson v. Michael W. Hogenson 852 N.W.2d 266 Minn. Ct. App. 2014
In addition, there is no requirement under section 549.09 “that the damages be readily ascertainable.” Schwickert, Inc. v. Winnebago Seniors, Ltd.
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
And the supreme court clearly stated in Schwickert, Inc. v. Winnebago Seniors, Ltd. that “[t]he prejudgment interest statute does not require that the damages be readily ascertainable.”
United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLC 813 N.W.2d 49 Minn. 2012
United Prairie Bank-Mountain Lake v. Haugen Nutrition & Equipment, LLC 813 N.W.2d 49 Minn. 2012
The dissent’s conclusion that contractual attorney fees are equivalent to "costs and disbursements” is undermined by our decision in Schwickert, Inc. v. Winnebago Seniors, Ltd., -88 (Minn.2004), in which we concluded that contractual attorney fees should not be treated as "costs and disbursements” for purposes of interpreting an offer of settlement under Minn. R. Civ.
A & L POTATO CO. v. Aggregate Industries 759 N.W.2d 57 Minn. Ct. App. 2009
A & L POTATO CO. v. Aggregate Industries 759 N.W.2d 57 Minn. Ct. App. 2009
ALPC relies on Schwickert, Inc. v. Winnebago Seniors, Ltd., for the proposition that an offer made solely under rule 68 is not a valid offer under the prejudgment-interest statute.
Kvidera v. Rotation Engineering & Manufacturing Co. 705 N.W.2d 416 Minn. Ct. App. 2005
Kvidera v. Rotation Engineering & Manufacturing Co. 705 N.W.2d 416 Minn. Ct. App. 2005
Schwickert, Inc. v. Winnebago Seniors, Ltd.
Ziegelmann v. National Farmers Union Property & Casualty Companies 686 N.W.2d 563 Minn. Ct. App. 2004
Ziegelmann v. National Farmers Union Property & Casualty Companies 686 N.W.2d 563 Minn. Ct. App. 2004
Schwickert, Inc. v. Winnebago Seniors, Ltd.