Legal Opinion

Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers

Indiana Court of Appeals

Decided October 9, 2013No. 71A05-1302-MI-95PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DARDEN, Senior Judge.

STATEMENT OF THE CASE

Specialty Foods of Indiana, Inc. Ill, d/b/a Jersey Mike’s Subs (“Specialty Foods”), appeals the trial court’s order denying its complaint for declaratory judgment.

We affirm.

ISSUE

Specialty Foods presents three issues for our review, one of which is dispositive: whether the force majeure clause of the agreement between Specialty Foods and the Century Center Board of Managers for the City of South Bend (“Century Center”) applies to excuse the Century Center’s further performance under the agreement.

FACTS AND PROCEDURAL HISTORY

On July 16, 1993, the…

2Cases cited7 opinions

  1. Kel Kim Corp. v. Central Markets, Inc.New York Court of Appeals · 1987
  2. Dunn v. Meridian Mutual Insurance Co.Indiana Supreme Court · 2005
  3. Sun Operating Ltd. Partnership v. Holt, Texas Court of Appeals, 7th District (Amarillo)1999
  4. Virginia Power Energy Marketing, Inc. v. Apache Corp., Texas Court of Appeals, 14th District (Houston)2009
  5. Abby Allen and Walter Moore v. Clarian Health Partners, Inc.Indiana Supreme Court · 2012

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

3Cited by3 opinions

  1. Acheron Medical Supply, LLC v. Cook Medical IncorporatedCourt of Appeals for the Seventh Circuit · 2020
  2. Acheron Medical Supply, LLC v. Cook Medical IncorporatedCourt of Appeals for the Seventh Circuit · 2020
  3. Shaka Adiyia Shakur v. Jack Hendrix Executive DirectorIndiana Court of Appeals · 2024

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