Appellant lumber company sought review of the decision of the Superior Court of Trinity County (California), which found that the lumber company had breached the contract with respondent landowner and declared the contract terminated.
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Overview
The landowner had placed a chain across the road used by the lumber company and posted a notice that the company had breached the contract and it was now terminated. The lumber company argued that the contract provided for it to have time to correct any breach. The court found that the contract provided for a time period for the lumber company to correct any breach. Because the landowner had not provided for that time period, the contract remained in effect. The landowner would have profited unjustly by her own wrong if the contract had been terminated.
Outcome
The court reversed, holding that the landowner had failed to comply with the provisions of the contract to allow the lumber company time to correct any alleged breach. The contract therefore remained effective.