Wholesale Sand & Gravel, Inc. v. Decker

ROBERTS, Justice.

Wholesale Sand & Gravel, Inc., appeals from a judgment entered in the Superior Court (Sagadahoc County, Lipez, J.) in favor of James Decker on its claim for the breach of their contract. On appeal, Wholesale contends that the court erred in holding that its conduct constituted an anticipatory repudiation of the contract and in deciding the case on a defense that had not been raised in the pleadings. Finding no error, we affirm the judgment.

On June 13, 1989, James Decker and Wholesale Sand & Gravel, Inc., entered into a contract whereby Wholesale agreed to perform earth work,…