Legal Opinion

DiBiase v. Universal Design & Builders, Inc.

Supreme Judicial Court of Maine

Decided April 4, 1984PublishedCited by 10 opinions

1Opinion of the Court

NICHOLS, Justice.

The Defendant, Universal Design & Builders, Inc., appeals from an order of the Superior Court, Cumberland County, awarding the Plaintiff, William DiBiase, the return of his deposit money and denying the Defendant’s counterclaim seeking damages for breach of contract. That court found that the contract was not enforceable due to mutual mistake. The Plaintiff cross-appeals and seeks review of the court’s finding that time was not of the essence of the contract.

We affirm the judgment.

The Plaintiff, as buyer, and the Defendant, as seller, purported to enter into a contract (dated…

2Cases cited11 opinions

  1. Sherwood v. WalkerMichigan Supreme Court · 1887
  2. Inez Gallegos v. Mel Stokes, D/B/A Big "A" Auto Parts and Hopper Motor CompanyCourt of Appeals for the Tenth Circuit · 1979
  3. Blue Rock Industries v. Raymond International, Inc.Supreme Judicial Court of Maine · 1974
  4. Interstate Industrial Uniform Rental Service, Inc. v. Couri Pontiac, Inc.Supreme Judicial Court of Maine · 1976
  5. Blackmer v. WilliamsSupreme Judicial Court of Maine · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Railan v. KatyalDistrict of Columbia Court of Appeals · 2001
  2. Yim K. Cheung v. Wing Ki WuSupreme Judicial Court of Maine · 2007
  3. Clarke v. DiPietroSupreme Judicial Court of Maine · 1987
  4. Poling v. NorthupSupreme Judicial Court of Maine · 1995
  5. Bouchard v. BluntSupreme Judicial Court of Maine · 1990

5 more not listed; retrieve them via the Exa API.

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