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Legal Opinion

Bonner v. Hiser (In Re St. Mary Hospital)

United States Bankruptcy Court, E.D. Pennsylvania

Decided June 26, 1989No. 17-11838PublishedCited by 18 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

This adversary proceeding presents two interesting issues of contract law: (1) The impact of the acceptance of an anticipatory breach of a contract by a repudiatee upon its damage claim against the repudiator; and (2) Whether a court should interpret a contract as it is written or as the parties understand it and have apparently interpreted it in the past. With respect to the first issue, we conclude that the acceptance of the repudiation eliminates the right of the repudiator to retract the breach, but that, where the repudiatee engages…

2Cases cited28 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
  3. Railroad Co. v. TrimbleSupreme Court of the United States · 1870
  4. In the Matter of Penn Central Transportation Company. Appeal of United States of AmericaCourt of Appeals for the Third Circuit · 1987
  5. William B. Tanner Co., Inc., and Pepper & Tanner, Inc. v. Wioo, Inc.Court of Appeals for the Third Circuit · 1975

23 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Pennsylvania Companies, Inc. v. Stone (In Re Greenley Energy Holdings of Pennsylvania, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  2. Hiser v. Neumann Medical Center, Inc. (In Re St. Mary Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. In Re RothmanUnited States Bankruptcy Court, E.D. Pennsylvania · 1996
  4. Grigsby v. Thorp Consumer Discount Co. (In Re Grigsby)United States Bankruptcy Court, E.D. Pennsylvania · 1990
  5. Saint Joseph's Hospital v. Department of Public Welfare of Pennsylvania (In Re Saint Joseph's Hospital)United States Bankruptcy Court, E.D. Pennsylvania · 1989

13 more not listed; retrieve them via the Exa API.

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