holding that, "[s]ince Massachusetts law does not recognize the doctrine of anticipatory breach," the contract at issue could not have been breached until after the promisor's time for performance had expired, even though the promisor had previously told the promisee that "all deals were off"
Summary of this case from Obourn v. Am. Well Corp.No. 10-P-1694.
September 20, 2011.
Judgment affirmed.
holding that, "[s]ince Massachusetts law does not recognize the doctrine of anticipatory breach," the contract at issue could not have been breached until after the promisor's time for performance had expired, even though the promisor had previously told the promisee that "all deals were off"
Summary of this case from Obourn v. Am. Well Corp.Full title:TANA M. PERRY v. MICHELLE M. CARTOCCI
Court:Appeals Court of Massachusetts
Date published: Sep 20, 2011
Anticipating an argument by Obourn based on anticipatory breach, American Well points out that, under…