Servicios Aereos del Centro S.A. de C.V. v. Honeywell International, Inc.

MEMORANDUM *

Servicios Aereos del Centro S.A. de C.V. (“SACSA”) appeals a summary judgment entered by the district court in favor of Honeywell International, Inc. We affirm.

The authority cited by SACSA to support its argument that resolution of the materiality of a breach of contract is inappropriate on summary judgment, Foundation Dev. Corp. v. Loehmaim’s, Inc., 163 Ariz. 438 , 788 P.2d 1189, 1197-98 (1990) (en banc), does not support that proposi *850 tion, because the court in that case affirmed just such a summary judgment, in that instance a conclusion that a given breach was immaterial. SACSA failed to make payments not only when those payments were initially due under the terms of the contract, but also by the deadline subsequently set by Honeywell for SACSA to avoid contractual termination. Honeywell gave proper notice that it intended to strictly enforce the termination deadline. The district court properly concluded, applying the relevant factors, that the breach here was material and that there was no genuine issue of material fact as to that issue. See Restatement (Second) of Contracts § 241.

Honeywell’s prior acceptance of late payments did not waive its right to…