Eighth Circuit: Randy Kinder Excavating v. JA Manning Construction Co.

No clear error in holding that general contractor's threatened withholding of payment and interference was the first material breach of agreement with contractor; contractor's continued performance made the termination of the agreement breach, since the fact that the contractor didn't formally challenge a corps of engineers decisions didn't present a per se claim of nonperformance. Damages reasonable.

http://media.ca8.uscourts.gov/opndir/18/08/172886P.pdf