First Dakota National Bank v. Eco Energy, LLC, No. 16-4391 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's judgment in favor of Eco-Energy in a breach of contract action filed by the Bank. The court held that the district court did not err by granting partial summary judgment for Eco-Energy because Eco-Energy did not breach a sublease where that sublease did not require Eco-Energy to give its partner in the sublease, Nedak, notice and opportunity to cure a default. Furthermore, Eco-Energy did not breach the Assignment where the district court found no causation.
Court Description: Benton, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Contracts. The district court did not err in determining that Eco-Energy did not breach a sublease as that sublease did not require Eco-Energy to give its partner in the sublease - Nedak - notice and an opportunity to cure Nedak's default (plaintiff holds Nedak's contractual rights against Eco-Energy); the sublease did not require notice and opportunity to cure and it did not incorporate these requirements from the parties' underlying marketing agreement; the court did not err in finding for Eco-Energy on the claim for breach of assignment as plaintiff failed to establish causation.
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