Hope's Architectural Products v. Lundy's Construction
United States District Court, District of Kansas
781 F. Supp. 711 (1991)
Hope's Architectural Products (plaintiff) agreed to deliver 93 windows to Lundy's Construction (defendant) by a set date but was already late when Lundy called to inquire and mentioned a possible $11,000 back charge for the delay; rather than addressing the delay, Hope demanded that Lundy assure it would not seek any back charge or extra costs, and when Lundy didn't provide that assurance, Hope further demanded Lundy pre-pay for the windows before delivery. Lundy refused to pre-pay, Hope never delivered the windows, and Lundy cancelled the contract and found another supplier; Hope sued for payment.
Whether a party already in breach of a contract is entitled to demand adequate assurance of the other party's performance under the contract.