ASSOCIATED BUILDERS, INC. V. COGGINS
722 A.2d 1278 (Me. 1999)
NATURE OF THE CASE: This was an appeal from a grant of summary judgment.
FACTS: Associated (P) provided labor and materials to Coggins (D) to complete a structure
on Main Street in Bar Harbor. After a dispute arose regarding compensation, P and D executed
an agreement stating that there existed an outstanding balance of $77,005.54 setting forth
terms for repayment. The agreement called for a payment of $25,000 on or before June 1, 1996
and $25,000 more on or before June 1, 1997. No interest was to be charged or paid if all
payments were made as agreed. If payments were not made, then interest was to accrue at 10%
from the date of default. There were no prepayment penalties applied and that if the two
payments were made the $20,005.54 balance was to be forgiven. D made the first payment on
time. The second payment was delivered 3 days late. P claimed a breach and sued demanding
the balance and interest. D answered claiming an accord and satisfaction and waiver. Both
parties moved for summary judgment. D got theirs and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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