Legal Opinion

Hawkinson v. Johnston

Court of Appeals for the Eighth Circuit

Decided September 22, 1941No. 11939, 11943PublishedCited by 41 opinions

1Opinion of the Court

JOHNSEN, Circuit Judge.

Two principal questions are presented for determination: (1) Whether a repudiation of .a lease and an abandonment of the premises, accompanied by a default in the payment of an instalment of rent, may constitute a total breach of the contract of lease, under the law of Missouri; and (2), if so, whether, for such a breach of a 99 year lease, having a remaining term of 67 years, the trial court erred in fixing the determinable or predictable period of damages, under the evidence in this case, at ten years. Some minor contentions also aré raised by defendant, but we do not…

2Cases cited23 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Sheldon v. Metro-Goldwyn Pictures Corp.Supreme Court of the United States · 1940
  3. New York Life Insurance v. ViglasSupreme Court of the United States · 1936
  4. Palmer v. Connecticut Railway & Lighting Co.Supreme Court of the United States · 1941
  5. Thompson v. IshSupreme Court of Missouri · 1889

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

3Cited by41 opinions

  1. Hyman v. CohenSupreme Court of Florida · 1954
  2. Williams v. Aeroland Oil CompanySupreme Court of Florida · 1944
  3. Kanter v. SafranSupreme Court of Florida · 1953
  4. C & M DEVELOPERS, INC. v. Berbiglia, Inc.Missouri Court of Appeals · 1979
  5. Howard v. Bradshaw and Ona Bradshaw v. United States of America, Howard v. Bradshaw and Ona Bradshaw v. United StatesCourt of Appeals for the D.C. Circuit · 1971

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

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