Section 400.2-610

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963   

  400.2-610.  Anticipatory repudiation. — When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may

  (a)  for a commercially reasonable time await performance by the repudiating party; or

  (b)  resort to any remedy for breach (section 400.2-703 or section 400.2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and

  (c)  in either case suspend his own performance or proceed in accordance with the provisions of this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 400.2-704).

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(L. 1963 p. 503 § 2-610)

(1977) Held, that notice that delivery under contracts to be performed would not be made unless payment for goods already delivered under other contracts with same buyer was made constitutional anticipatory breach by repudiation of the contracts under which delivery had not been made. National Farmers Organization v. Bartlett & Co., Grain (C.A. Mo.), 560 F.2d 1350.