United States First Circuit

Where a party acquiesces in a deviation from specific contract terms, it cannot claim later that the deviation constitutes a breach precluding judgment as a matter of law on claims relating to the contract.

Appellate Information

• Decided 03/16/2001
• Published 03/16/2001

Judges

• STAHL, Circuit Judge., Before SELYA, Circuit Judge, STAHL, Circuit Judge, and LISI, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Richard L. Neumeier, with whom Timothy J. van der Veen and McDonough, Hacking & Neumeier, LLP, were on brief, for appellants.


• For Appellees:
  
• Deirdre M. Smith, with whom Jerrol A. Crouter and Drummond Woodsum & MacMahon, were on brief, for appellees.