Legal Question in Business Law in Minnesota

Breach of Contract

I own and operate a gravel pit in the state of Minnesota. I sell the gravel to surrounding townships for their own personal use. Before anyone mines, they must agree to a contract I have had drawn up. In the contract, one of the stipulations the parties must agree to is that they will reclaim the land they mine to usable farm land. The contract clearly says they must do this before they will be given a written release from obligations. So here's the situation. Party A signed the contract in July, 2002. They mined and stored materials on the premises, all allowed under the contract, until August, 2006, the time they vacated the premises. In September, 2008 I demanded they finally reclaim the mined area they left open. They cited the 6-year statute of limitations on the contract and claim they have no obligation to fulfill their end of the deal, going from the date it was signed. Does that 6-year S.o.L. take effect from the time the contract was signed or from the time they vacated the premises (August 2006)? I think it should take effect on the latter because the contract says they are not to leave the premises until they reclaim, and they did. And being they left without reclaiming, is this a breach and can I file suit?


Asked on 12/12/08, 6:24 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Breach of Contract

SOL runs from time of breach.When does contract impose obligation for restoration?

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Answered on 12/12/08, 7:06 pm


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