Schiavi Mobile Homes, Inc. v. Gagne

WATHEN, Justice.

Plaintiff Schiavi Mobile Homes, Inc., appeals from judgments entered in the Superior Court (Oxford County) in favor of defendant Florence Gagne after a jury-waived trial. Plaintiff argues, inter alia, that the court erred in concluding that the time for performance under the contract had expired and, therefore, failed to consider plaintiff's right to cure its nonconforming tender. We agree and vacate the judgments.

I

In May of 1984, defendant visited plaintiff’s place of business in Oxford to purchase a mobile home. After viewing several different models, she selected a…