Mollohan v. Black Rock Contracting, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to adopt Restatement position “except to the extent that a demand for assurances and failure to give them may be evidence of repudiation to present to a jury with other evidence to prove ... positive repudiation and anticipatory breach”
• declining to adopt a previous draft of what was adopted as § 251 as common law but noting that failure to respond to demand for assurance may be evidence of repudiation to present to a jury
• “we find it well established that when an obligee sues for contract damages because of breach of contract before the time for performance is due, the anticipatory breach must be positive, absolute and unequivocal.”

Source: CourtListener parenthetical corpus (CC0).