Explain who will prevail and why

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Reference no: EM131386205

Associated Builders, Inc., provided labor and materials to William M. Coggins and Benjamin W. Coggins, doing business as Ben & Bill's Chocolate Emporium, to complete a structure on Main Street in Bar Harbor, Maine.

After a dispute arose regarding compensation, Associated and the Cogginses executed an agreement stating that there existed an outstanding balance of $70,005.54 and setting forth the following terms of repayment: It is agreed that, two payments will be made by the Cogginses to Associated Builders as follows: Twenty Five Thousand Dollars ($25,000.00) on or before June 1, 1996, and Twenty Five Thousand Dollars ($25,000.00) on or before June 1, 1997.

No interest will be charged or paid providing payments are made as agreed. If the payments are not made as agreed then interest shall accrue at 10% per annum figured from the date of default.... It is further agreed that Associated Builders will forfeit the balance of Twenty Thousand and Five Dollars and Fifty Four Cents ($20,005.54) providing the above payments are made as agreed.

The Cogginses made their first payment in accordance with the agreement. The second payment, however, was delivered three days late on June 4, 1997.

Claiming a breach of the contract, Associated contended that the entire balance on the original contract of $20,005.54, plus interest and cost, were due. Explain who will prevail and why.

Reference no: EM131386205

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