Wholesale Sand & Gravel, Inc. v. Decker

630 A.2d 710 (1993)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On June 13, Wholesale (P) agreed to perform work for Decker to install a gravel driveway. There were no time limitations, but the contract specified payment was to be made in 90 days. P started work and told D that the work should be completed in one week even though P believed it had 90 days. Difficulties in the work surfaced because the ground was too wet. P decided to wait for the ground to dry. D contacted P on July 12, and on July 19 to get the work finished. P responded that he would get right on it. D called on July 28 to terminate, and P promised to show up the next day. P did not appear, and D terminated the agreement. There was still 45 more days remaining. P sued, and judgment was entered for D; P's conduct constituted anticipatory repudiation. D appealed.