DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172886P.pdf 08/07/2018 Randy Kinder Excavating v. JA Manning Construction Co.
U.S. Court of Appeals Case No: 17-2886
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Shepherd, Author, with Arnold and Colloton, Circuit Judges]
Civil case - Contracts. The district court did not err in determining that
plaintiff committed the first material breach of the parties' contract
when it threatened - without any justification - to assess delay-related
damages, interfered with defendant's relationship with its subcontractor
and failed to provide adequate assurance that defendant would be paid for
its work; nor did the district court err in finding plaintiff wrongfully
terminated the contract; evidence supported the district court's damage
award.