Henderson v. Lemna

This case involves a contract whereby plaintiffs agreed to sell a lot to defendants, and also build a house on the lot for defendants. Each side maintains that the other anticipatorily breached the contract. Plaintiffs claim that defendants did so by refusing to “close” on the contract. After defendants’ conduct which gave rise to this claim, plaintiffs declared the contract terminated and sold the house to another. Defendants maintain this to have been an anticipatory breach by plaintiffs. The parties also dispute as to whether plaintiffs substantially performed the work required of them by…