Hawkinson v. Johnston
United States Court of Appeals for the Eighth Circuit
122 F.2d 724 (1941)
Hawkinson (plaintiff) owned a two-thirds interest in a 99-year lease on a Kansas City lot; the Johnston brothers (defendants) owned the rest. After paying rent and taxes for years, the Johnstons wrote to Hawkinson announcing they intended to abandon their interest at the end of the month. Hawkinson rejected their attempt to walk away and insisted he would hold them to the full lease term. The Johnstons repeated their intent to abandon and then did so. Hawkinson sued for breach and damages; the trial court found a total breach but limited damages to a 10-year period, even though 67 years remained on the lease. Both sides appealed the damages ruling.
Whether a party's notice that it will not perform under a lease constitutes an anticipatory repudiation and total breach, and, if so, how long a period the resulting damages may reasonably cover.