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NICKERSON v. ROWE

647 A.2d 1191 (1994)

Millard NICKERSON, III, v. Doris ROWE.

Supreme Judicial Court of Maine.

Decided June 8, 1994.

Attorney(s) appearing for the Case

Stephen E.F. Langsdorf, Preti, Flaherty, Beliveau & Pachios, Augusta, for plaintiff.

David G. Webbert (orally), Law Offices of Phillip E. Johnson, Augusta, for defendant.

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

DANA, Justice.

Doris Rowe appeals from a judgment entered in the Superior Court (Kennebec County, Mills, J.) following a jury trial in which she was found in breach of contract for nonpayment of her contractor, Millard Nickerson III. Contrary to her contention, the court did not abuse its discretion in failing to give an instruction regarding the defense of adequate assurances of performance, did not err in allowing Nickerson to recover as consequential damages...

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