400.2-610. Anticipatory repudiation. - Missouri Statutes

Anticipatory repudiation.

400.2-610. When either party repudiates the contract withrespect to a performance not yet due the loss of which willsubstantially impair the value of the contract to the other, theaggrieved party may

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

(b) resort to any remedy for breach (section 400.2-703 orsection 400.2-711), even though he has notified the repudiatingparty that he would await the latter's performance and has urgedretraction; and

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

(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.