Messer v. Laurel Hill Associates

COZORT, Judge.

Plaintiffs instituted causes of action for anticipatory breach of contract and breach of contract in which they sought to enforce a covenant contained in a deed alleged to require defendant partnership, as grantee, to construct two roads on the property conveyed by the deed. The trial court granted summary judgment in defendant’s favor on both claims and denied plaintiffs’ motion for summary judgment. We affirm the trial court’s ruling on the claim for anticipatory breach of contract but vacate the judgment in favor of defendant on the breach of contract claim.

On or about 25…