Romig v. De Vallance
Hawaii Intermediate Court of Appeals
637 P.2d 1147 (1981)
Relevant factsFree
James Romig (plaintiff) agreed to sell a furnished house to the de Vallances and Video Network Productions (defendants) on a five-year installment plan, with title to transfer only once all payments were made. After moving in, the buyers discovered part of the house sat on a neighboring lot and stopped paying until Romig fixed the resulting title problem. Romig sued to cancel the contract for nonpayment, and the trial court ruled for him; the buyers appealed.
IssueFree
Whether a party with reason to believe the other side will breach may suspend its own performance until it receives adequate assurance of performance, by analogy to UCC principles even outside a sale-of-goods contract.