He Who Breaches First, Etc.

Here is just a quick straightforward case out of the Eastern District of Michigan, Pittman v. Pacifica Loan Pool, LLC, Case No. 15-13877 (behind paywall), about the effect of a breach of contract on the other party to the contract. In the case, Pittman alleged that Pacifica breached the agreement by failing to pay the required property taxes. However, Pacifica countered that Pittman breached the agreement first by failing to make his required monthly payments. The court noted that the party who commits the first substantial breach of contract cannot sue the other party for failing to perform. Pittman’s failure to make his required payments was a substantial breach on his part, and predated Pacifica’s behavior. Therefore, he could not maintain this cause of action.