Cited by

Opinions in Minnesota that cite National Recruiters, Inc. v. Toro Co., 343 N.W.2d 704.

58 citing documents.

James Dennis Omwenga, Respondent, Minn. Ct. App. 2025
The frustration-of-purpose doctrine applies if (1) “[t]he party’s principal purpose in making the contract is frustrated,” (2) “without that party’s fault,” and (3) “by the occurrence of an event, the non-occurrence of which was a basic assumption on which the contract was made.” Nat’l Recruiters
August Ventures, LLC v. Gedney Foods Company Minn. Ct. App. 2024
August Ventures, LLC v. Gedney Foods Company Minn. Ct. App. 2024
Fitness International, LLC, Appellant, Minn. Ct. App. 2023
The frustration-of-purpose doctrine requires the party asserting frustration of purpose to establish that the principal purpose in making a contract is frustrated “without that party’s fault.” E.g., Nat’l Recruiters, (listing the three elements of the frustration- of-purpose doctrine) .
Christopher R. Coker, (A15-1439, A15-1445), (A15-1606) v. Emily Johnson Piper, Commissioner of Human Services, (A15-1439), (A15-1606), Hennepin County, … Minn. Ct. App. 2016
Christopher R. Coker, (A15-1439, A15-1445), (A15-1606) v. Emily Johnson Piper, Commissioner of Human Services, (A15-1439), (A15-1606), Hennepin County, … Minn. Ct. App. 2016
However, “[j]udicial notice is to be taken with caution and every reasonable doubt as to the propriety of its exercise in a given case should be resolved against it.” Nat’l Recruiters
Little Canada Charity Bingo Hall Ass'n v. Movers Warehouse, Inc. 498 N.W.2d 22 Minn. Ct. App. 1993
Little Canada Charity Bingo Hall Ass'n v. Movers Warehouse, Inc. 498 N.W.2d 22 Minn. Ct. App. 1993
Metropolitan Sports Facilities Commission v. General Mills, Inc. 460 N.W.2d 625 Minn. Ct. App. 1990
Metropolitan Sports Facilities Commission v. General Mills, Inc. 460 N.W.2d 625 Minn. Ct. App. 1990
Frustration of purpose will excuse contract performance if three conditions are met: “(1) The party’s principal purpose in making the contract is frustrated; (2) without that party’s fault; (3) by the occurrence of an event, the nonoccurrence of which wafe a basic assumption on which the contract was made.” (citation omitted).
City of Savage v. Formanek 459 N.W.2d 173 Minn. Ct. App. 1990
City of Savage v. Formanek 459 N.W.2d 173 Minn. Ct. App. 1990
* National Recruiters, (citation omitted).
Kampsen v. County of Kandiyohi 426 N.W.2d 917 Minn. Ct. App. 1988
Kampsen v. County of Kandiyohi 426 N.W.2d 917 Minn. Ct. App. 1988
Mears Park Holding Corp. v. Morse/Diesel, Inc. 426 N.W.2d 214 Minn. Ct. App. 1988
Mears Park Holding Corp. v. Morse/Diesel, Inc. 426 N.W.2d 214 Minn. Ct. App. 1988
Haas v. Brandvold 418 N.W.2d 511 Minn. Ct. App. 1988
Haas v. Brandvold 418 N.W.2d 511 Minn. Ct. App. 1988
Application of Mrosak 415 N.W.2d 98 Minn. Ct. App. 1987
Application of Mrosak 415 N.W.2d 98 Minn. Ct. App. 1987
Fownes, et al. v. Hubbard Broadcasting, Inc., 310 Minn. 540, 542 , National Recruiters
Gillespie v. Klun 406 N.W.2d 547 Minn. Ct. App. 1987
Gillespie v. Klun 406 N.W.2d 547 Minn. Ct. App. 1987
Norwest Bank Midland v. Shinnick 402 N.W.2d 818 Minn. Ct. App. 1987
Valento v. Ulrich 402 N.W.2d 809 Minn. Ct. App. 1987
Norwest Bank Midland v. Shinnick 402 N.W.2d 818 Minn. Ct. App. 1987
Valento v. Ulrich 402 N.W.2d 809 Minn. Ct. App. 1987
National Recruiters, Inc., v. Toro Co., ().
Marriage of Shandorf v. Shandorf 401 N.W.2d 439 Minn. Ct. App. 1987
Marriage of Shandorf v. Shandorf 401 N.W.2d 439 Minn. Ct. App. 1987
National Recruiters, ().
Wilson v. Saetre 393 N.W.2d 186 Minn. Ct. App. 1986
Wilson v. Saetre 393 N.W.2d 186 Minn. Ct. App. 1986
See National Recruiters, -09 (Minn.Ct.App.1984) (citing Fownes v. Hubbard Broadcasting, Inc., 310 Minn. 540, 542 , ).
Marriage of O'Connor v. O'Connor 386 N.W.2d 395 Minn. Ct. App. 1986
Marriage of O'Connor v. O'Connor 386 N.W.2d 395 Minn. Ct. App. 1986
Wicker v. City of Maplewood 386 N.W.2d 327 Minn. Ct. App. 1986
Wicker v. City of Maplewood 386 N.W.2d 327 Minn. Ct. App. 1986
Howard, McRoberts & Murray v. Starry 382 N.W.2d 293 Minn. Ct. App. 1986
Howard, McRoberts & Murray v. Starry 382 N.W.2d 293 Minn. Ct. App. 1986
138, 139 (1930) (judicial notice may be taken of facts which are the “common knowledge of every person of ordinary intelligence”) (cited in National Recruiters, ).
Payne v. Mutual Fire & Automobile Insurance Co. 381 N.W.2d 523 Minn. Ct. App. 1986
Payne v. Mutual Fire & Automobile Insurance Co. 381 N.W.2d 523 Minn. Ct. App. 1986
Although judicial notice should be taken with caution, National Recruiters, we believe it is appropriate here.
Regents of the University of Minnesota v. Medical Inc. 382 N.W.2d 201 Minn. Ct. App. 1986
Strand v. Nelson 380 N.W.2d 906 Minn. Ct. App. 1986
Regents of the University of Minnesota v. Medical Inc. 382 N.W.2d 201 Minn. Ct. App. 1986
Strand v. Nelson 380 N.W.2d 906 Minn. Ct. App. 1986
Marriage of Pekarek v. Wilking 380 N.W.2d 161 Minn. Ct. App. 1986
Marriage of Pekarek v. Wilking 380 N.W.2d 161 Minn. Ct. App. 1986
Wilson's, Inc. v. Twin City Freight, Inc. 378 N.W.2d 117 Minn. Ct. App. 1985
Wilson's, Inc. v. Twin City Freight, Inc. 378 N.W.2d 117 Minn. Ct. App. 1985
National Recruiters, (Minn.Ct.App.
Gary Builders Supply, Inc. v. Menard, Inc. 378 N.W.2d 98 Minn. Ct. App. 1985
Gary Builders Supply, Inc. v. Menard, Inc. 378 N.W.2d 98 Minn. Ct. App. 1985
National Recruiters, (Minn.Ct.
Application of Hofstad 376 N.W.2d 698 Minn. Ct. App. 1985
Application of Hofstad 376 N.W.2d 698 Minn. Ct. App. 1985
National Recruiters, (Minn.Ct.App.