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Contracts Keyed to Dawson
Wholesale Sand & Gravel v. Decker
Facts
The only time reference in the contract was that payment was to be made within 90 days. Wholesale’s president believed they had 90 days to complete the project, but told Decker the driveway portion would be done in one week. Wholesale began work the weekend after the contract was executed, but immediately experienced difficulties due to the wetness of the ground and weather delays. Decker contacted Wholesale regarding the inactivity on the site on July 12th and was told Wholesale would “get right on it.” On July 19th, Decker gave Wholesale one week to finish. On July 28th, Decker called to cancel but agreed to give Wholesale one more day. Wholesale still did not show up, and Decker terminated the contract and hired someone else. Wholesale commenced this action and the court held for the Plaintiff. The court concluded that Wholesale’s conduct constituted an anticipatory repudiation of the contract, allowing Decker to terminate within the 60 day reasonable time period for completion of the project.
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