Knight v. Interco Inc.

2 Citing cases

  1. Bank of America, N.A. v. JB Hanna, LLC

    766 F.3d 841 (8th Cir. 2014)   Cited 56 times
    Finding Section 1983 claims were intended to protect only those federal rights that are guaranteed under federal law

    In fact, in notifying the Hanna Parties of their breach, the Bank expressly informed the Hanna Parties that “partial payments shall not constitute, or be deemed to be, a cure of the Default or waive, limit, or condition any of Bank's rights and remedies.” The Hanna Parties rely on parol evidence to dispute the alleged breach, but the Bank preserved its objection to that evidence through motions in limine upon which the district court definitively ruled, seeFed.R.Evid. 103(b), and parol evidence should not have been admitted for the purpose of varying or contradicting the written contract. Knight v. Interco Inc., 873 F.2d 1125, 1127 (8th Cir.1989) (applying Arkansas law). The Hanna Parties' breach of the 2005 JB Hanna loan resulted in the default and cross-default of all of the other agreements.

  2. QHG of Springdale, Inc. v. Archer

    2009 Ark. App. 692 (Ark. Ct. App. 2009)   Cited 28 times
    Examining the doctrine of prior breach under Arkansas law

    Further, " [w]here a contract is terminable at any time on notice and it is terminated without notice, the damages which the aggrieved party may recover are limited to the notice period." 25 C.J.S. Damages § 110 (2009); see alsoKnight v. Interco Inc., 873 F.2d 1125, 1128-29 (8th Cir.1989) (applying Arkansas law); 11 SAMUEL WILLISTON, A TREATISE ON THE LAW OF CONTRACTS § 1359, at 311 (Walter H.E. Jaeger ed., 3d ed.1968). Here, the parties capped the damages recoverable on their contract by including the reciprocal termination provision allowing either party to end this contract upon 180-days'-written notice.