In a recent filing, Wayne Newton and his family are being sued by a company that purchased the rights to convert his home into “Graceland West.” The company alleges breach of contract and fraud. They claim that Newton, his wife, and her 76-year-old mother unreasonably delayed the project by refusing to vacate the property, in order to ensure that it would never open.
The contract between the parties calls for Newton and his family to move to a different home on the estate so that the mansion could be converted into a museum, with an opening date originally scheduled for late 2011. In their lawsuit, the plaintiffs assert that the Newton family refused to move out of the mansion, left it in a state of disrepair, and with the animals on the premises uncared for, sick, and dying.
Under New York contract law, what can be done when one party is in the middle of the job that it was hired to do, but it becomes clear that the other party is not going to fulfill its end of the bargain? You may have a claim for anticipatory breach of New York contract. The general rule in this state leaves the party with a choice between:
- Treating the other side as being in breach of the agreement, and terminating its own responsibilities regarding the contract; or
- Continuing to perform its end of the agreement and holding the other side responsible for its consideration under the complete contract.
In the action against the Newton family, the plaintiffs are seeking court intervention in order to allow them to continue to fulfill their obligations under the alleged agreement while simultaneously holding the family responsible for holding up its end of the bargain.
For more information about breach of contract and other New York business litigation matters, contact a New York breach of contract attorney today at (888) 497-3410. As always, your initial consultation with our lawyers will be free and confidential.