Eker Brothers, Inc. v. Rehders

Eker Brothers (plaintiff), hired as a concrete subcontractor by Rehders (defendant), performed $74,964.05 worth of contracted work but did not complete the full job; Rehders never paid for the completed work and spent an additional $42,448.20 to finish the concrete work elsewhere. Eker sued for payment; the trial court found Eker's breach was willful, material, and anticipatory, and on that basis barred Eker's claim entirely, awarding Rehders judgment for its extra completion costs. Eker appealed.