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Contracts Keyed to Blum
Wholesale Sand & Gravel, Inc. v. Decker
Citation:
630 A.2d 710 (1993)Facts
On June 13th, Decker and Wholesale entered into an agreement in which Wholesale agreed to do earth work, like installing a gravel driveway, on Decker’s property. The contract did not specify when the work should be completed, it only stated that payment would be made in 90 days. Wholesale thought they had 90 days to do the work, but they told Decker the work would be done in a week. Wholesale began work soon after the contract was signed, but quickly experienced difficulty because of how wet the ground was. It would cost much more to do the work while the ground was wet, so Wholesale decided to wait until the ground dried out to continue the work. On July 12th, Decker contacted Wholesale about the lack of activity and told them that he needed the driveway to be finished soon. Wholesale said they would “get right on it.” A week later, Decker reached out again because Wholesale had not done any work and he gave Wholesale one week to finish the job. Wholesale again said they would “get right on it,” but they never came. On July 28th, Decker called Wholesale again to end the contract. Wholesale said they would be at the property the next day, so Decker gave them another chance Wholesale did not come the next day, so Decker terminated the contract and hired another company. Wholesale thought they still had 45 days to finish the work, so they brought this claim.
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