Sec. 42a-2-610. Anticipatory repudiation. - Connecticut Statutes

      Sec. 42a-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 as provided by section 42a-2-703 or section 42a-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 as provided by section 42a-2-704.

      (1959, P.A. 133, S. 2-610.)

      Annotations to former statute (1958 Rev., S. 42-65):

      Under a continuing contract for the manufacture of goods for cash, manufacturer need not continue to deliver if vendee fails to pay. 89 C. 254. Repudiation of unexecuted contract by vendee justifies rescission by vendor. 90 C. 290; 108 C. 635. Where contract provides that buyer shall furnish seller an assortment before a certain time, a failure so to do is a breach which relieves seller from duty of making tender before suit. 102 C. 203. Seller's option to treat contract as still in force. Id. 204.

      A repudiation not a refusal of acceptance was properly found by trial court where defendant never notified plaintiff seller of kitchen equipment of nonacceptance but one month later attempted to return equipment. 5 Conn. Cir. Ct. 444.

      Annotations to present section:

      Cited. 166 C. 280.

      Cited. 7 CA 318.

      Cited. 36 CS 323.