Breach and clear deadline performance issues

Breach and clear deadline performance issues trial#
Breach and clear deadline performance issues free#

Substantial performance is considered a category of failure to render performance and five factors are considered in determining whether a failure to perform is material. Rugger timely appealed claiming substantial performance. Plaintiffs dismissed the remaining causes of action, and a judgment awarding MCR $90,000 in damages was subsequently entered.

Breach and clear deadline performance issues trial#

Plaintiff filed a motion for summary adjudication on their breach of contract claim, which the trial court granted.

Rugger filed a cross-complaint against Jennings. Thereafter a lawsuit was filed by Jennings and MCR (collectively вЂњPlaintiffsвЂќ) against Rugger, including a breach of contract claim due to RuggerвЂ™s failure to obtain a release of the Cutter lien within the requisite 90-day period. Then, despite diligent and good-faith efforts, Rugger obtained a lien release from Cutter only eight days after the expiration of that 90-day period, and delivered the lien release (on a FAA-accepted form) to escrow at that time. MCR took title to and possession of the aircraft the day after the Amendment was signed. This included a fully executed lien release by Cutter in its original form, delivered to the escrow agent, recognized and accepted by the Federal Aviation Administration (вЂњFAAвЂќ). (вЂњCutterвЂќ).Д¬onsequently, Magic Carpet Ride, LLC (вЂњMCRвЂќ) and Rugger entered into an amendment (the вЂњAmendmentвЂќ) to the Agreement which identified MCR as the buyer instead of Jennings, and gave Rugger ninety (90) days from the date of closing by which to provide one of three means for releasing the Cutter lien.

Breach and clear deadline performance issues free#

The Agreement stated: вЂњUnless specifically stated to the contrary herein, time shall be of the essence for all events contemplated hereunder.вЂќ The Agreement also required Rugger to transfer the aircraft on the closing date free and clear of all liens and encumbrances however, Rugger was unable to comply with this requirement due to a mechanics lien filed against the aircraft by Cutter Aviation Phoenix, Inc. Jennings (вЂњJenningsвЂќ) entered into a purchase and sale agreement (the вЂњAgreementвЂќ) with Rugger Investment Group, LLC (вЂњRuggerвЂќ), through which Jennings agreed to purchase an aircraft from Rugger.