Audthan v. Nick & Duke

Summary

The Court held that Audthan sufficiently pleaded an anticipatory repudiation claim based on N&D's later blanket refusal to approve any cure agreement, even though Audthan had previously alleged that N&D breached the lease by refusing to sign a particular cure agreement. The Court also held that N&D's broader challenge to the lease's sole-remedy provision was unpreserved, and that the remaining dismissal rulings were otherwise proper. The judgment was modified only to reinstate the repudiation-based portion of the first cause of action; it was otherwise affirmed.