Fausel v. JRJ Enterprises, Inc.

LAVORATO, Justice.

Stephen Fausel sued JRJ Enterprises, Inc. for anticipatory breach of contract. Fausel had agreed in writing to purchase JRJ’s membership interest in an entity involved in a Colorado casino operation. Following a bench trial, the district court dismissed Fausel’s suit. Fausel appealed, contending, among other things, that the district court (1) misconstrued the agreement as requiring him to perform by July 31, 1995, and (2) erroneously concluded that two provisions of the Restatement (Second) of Contracts barred his claim of anticipatory breach. We agree and reverse and…