United Corp. v. Reed, Wible and Brown, Inc.
District Court, Virgin Islands
1Opinion of the Court
OPINION
2Per curiam
The issue presented in this appeal from the Territorial Court is whether the failure of a contracting party to comply with a condition precedent prevents application of the doctrine of anticipatory breach. We affirm the trial court’s decision and hold that performance of a condition is excused where the breaching party induced the noncompliance.
I. FACTS
The appeal involves the second lawsuit arising out of the parties’ contract for the sale and lease back of construction equipment. Executed in February 1980, the agreement was to last through the completion of two building projects…
3Cases cited11 opinions
- Dingley v. OlerSupreme Court of the United States · 1886
- Refrigeration Engineering Co. v. McKayCourt of Appeals of Washington · 1971
- Jinright v. RussellCourt of Appeals of Georgia · 1971
- Irving Trust Co. v. Nationwide Leisure Corp.District Court, S.D. New York · 1982
- M. K. Metals, Inc., an Indiana Corporation v. Container Recovery Corporation, an Ohio CorporationCourt of Appeals for the Eighth Circuit · 1981
6 more not listed; retrieve them via the Exa API.
4Cited by8 opinions
- Magnet Resources v. Summit MRI, Inc.New Jersey Superior Court Appellate Division · 1998
- Systems Council EM-3 v. AT & T Corp.District Court, District of Columbia · 1997
- LCS Homes, Inc. v. Driggs Building Systems, Inc. (In Re LCS Homes, Inc.)United States Bankruptcy Court, E.D. Virginia · 1989
- Beohm v. Pickel (In re Pickel)United States Bankruptcy Court, D. New Mexico · 2013
- Cashflow Design, Inc. v. Foster (In Re Comprehensive Business Systems, Inc.)United States Bankruptcy Court, S.D. Ohio · 1990
3 more not listed; retrieve them via the Exa API.