Topic: (1) a contract; (2) performance of the contract by one part… · Go Syfert
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Topic #10035

8 canonical passages across 7 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-Cross.

#Case FlagCanonical passage Citers
1 Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-Cross Anchor
ca2 · 2000
green “(1) a contract; (2) performance of the contract by one party; (3) breach by the other party; and (4) damages.” 11
2 Reed v. Pfizer, Inc.
nyed · 2012
green “a successful claim of a breach of express warranty requires proof that an express warranty existed, was breached, and that plaintiff had relied on that warranty.” 6
3 Walter H. Poppe General Contracting, Inc. v. Town of Ramapo
nyappdiv · 2001
green “the damages sought are merely for breach of contract” 4
4 Manhattan Motorcars, Inc. v. Automobili Lamborghini
nysd · 2007
green “while plaintiff has properly pled all of the elements required to state a cause of action for negligent misrepresentation, it has pled purely economic damages as a result of its reliance, thereby inviting application of new york's 'economic loss rule.” 4
5 BRUEL AND KJAER v. Village of Bensenville
illappct · 2012
green “free on board,' a term used in transactions in tangible goods.” 3
6 Heiman v. Bimbo Foods Bakeries Distribution Co.
ca7 · 2018
green “a cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.” 3
7 Heiman v. Bimbo Foods Bakeries Distribution Co.
ca7 · 2018
green “be commenced within 4 years after the cause of action has accrued.” 3
8 Coolite Corp. v. American Cyanamid Co.
nyappdiv · 1976
green “allegations of this character are sufficient to sustain a fraud claim” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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