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WHOLESALE SAND & GRAVEL, INC. v. DECKER

630 A.2d 710 (1993)

WHOLESALE SAND & GRAVEL, INC. v. James DECKER.

Supreme Judicial Court of Maine.

Decided September 3, 1993.

Attorney(s) appearing for the Case

Francis M. Jackson, Jackson & Silverstein, Portland, for plaintiff.

David A. King, Therriault & King, Bath, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

ROBERTS, Justice.

Wholesale Sand & Gravel, Inc., appeals from a judgment entered in the Superior Court (Sagadahoc County, Lipez, J.) in favor of James Decker on its claim for the breach of their contract. On appeal, Wholesale contends that the court erred in holding that its conduct constituted an anticipatory repudiation of the contract and in deciding the case on a defense that had not been raised in the pleadings. Finding no error, we affirm the judgment...

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