WHOLESALE SAND & GRAVEL, INC. V. DECKER
630 A.2d 710 (1993)
NATURE OF THE CASE: This was a breach of contract action. Wholesale Sand (P) appealed
from a judgment in favor of Decker (D) on P's claim for the breach of their contract.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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