United States Seventh Circuit

In a breach of contract dispute, district court's ruling in favor of plaintiff is affirmed where the the court did not commit clear error in finding that defendant materially breached the contract as, whether the contract was one demanding performance within a reasonable time or by a date certain, defendant failed to meet the requirement. The case is remanded for the limited purposes of deducting the unpaid balance from the total damage award calculated by the district court.

Appellate Information

• Decided 09/02/2009
• Published 09/02/2009

Judges

• ROVNER, Circuit Judge., Before FLAUM, ROVNER and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael P. Dunn, Attorney (argued), Milwaukee, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Jonathan P. Schmidt, Attorney (argued), Jeffrey F. Shaw, Attorney Briggs & Morgan, Minneapolis, MN, for Defendant-Appellee.