Scott v. Crown
Colorado Court of Appeals
765 P.2d 1043 (1988)
Relevant factsFree
After suffering unrelated nonpayment and hearing secondhand concerns about Crown's (defendant) reliability, Scott (plaintiff) refused to load grain under two contracts with Crown, telling Crown's driver only that he had "questions to settle," and did not send a written demand for assurance -- insisting Crown prepay before delivery -- until nearly two weeks after refusing to load; Crown then cancelled the contracts, and the trial court ruled for Scott.
IssueFree
Whether a party has a right to demand an assurance of performance under the contract when he has reasonable grounds to do so, but has not done so adequately.