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Wholesale Sand & Gravel v. Decker

Supreme Judicial Court of Maine
630 A.2d 710 (1973)


Facts

Decker (defendant) contracted with Wholesale Sand & Gravel (Wholesale) (plaintiff) to construct a gravel driveway on Decker's property. Although the contract did not specify a completion date for the work, Wholesale believed it had ninety days to complete the project but told Decker the driveway would be completed in one week. Wholesale however encountered difficulties in construction because the ground was too wet, and it decided to wait for the ground to dry out because it could not complete the work in the wet ground without going over the contract price. Decker repeatedly contacted Wholesale about completing the work, and after several unsuccessful attempts to have Wholesale return to the job, Decker terminated the contract. Wholesale brought suit for breach of contract, and appealed from a judgment in Decker’s favor.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

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