Legal Opinion
In the Matter of the Community Medical Center A/K/A All Souls' Hospital, Debtor, the Community Medical Center A/K/A All Souls Hospital, Debtor
Court of Appeals for the Third Circuit
Decided June 19, 1980No. 79-2114PublishedCited by 44 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal from the allowance of a claim in a bankruptcy proceeding, we must pass upon the proper measure of damages for breach of an executory contract. Although charges would normally be assessed on the basis of services provided, the agreement in this case also contained a minimum monthly charge. We conclude that the debtor could satisfy its obligation by tendering the minimum monthly payment and this establishes the proper measure of damages. Accordingly, the district court erred in utilizing the anticipated profits, a greater amount, in valuing…
2Cases cited11 opinions
- Tessmar v. GrosnerSupreme Court of New Jersey · 1957
- Washington Construction Co., Inc. v. SpinellaSupreme Court of New Jersey · 1951
- Buono Sales, Inc., in 18,911 v. Chrysler Motors Corporation, in 18,912. Appeal of Chrysler Corporation, in 18,913Court of Appeals for the Third Circuit · 1971
- Atlas Industries, Inc. v. National Cash Register Co.Supreme Court of Kansas · 1975
- Sawyer v. Pioneer Leasing CorporationSupreme Court of Arkansas · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- John MacDonald v. Cashcall IncCourt of Appeals for the Third Circuit · 2018
- Landsing Diversified Properties-II v. First National Bank & Trust Co. (In re Western Real Estate Fund, Inc.)Court of Appeals for the Tenth Circuit · 1990
- Hatco Corp. v. W.R. Grace & Co.—Conn.District Court, D. New Jersey · 1992
- Magnet Resources v. Summit MRI, Inc.New Jersey Superior Court Appellate Division · 1998
- Juengel Const. Co., Inc. v. Mt. Etna, Inc.Missouri Court of Appeals · 1981
39 more not listed; retrieve them via the Exa API.