30-2-610. Anticipatory repudiation. - Montana Statutes

     30-2-610. 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:
     (1) for a commercially reasonable time await performance by the repudiating party; or
     (2) resort to any remedy for breach (30-2-703 or 30-2-711), even though the aggrieved party has notified the repudiating party that it would await the latter's performance and has urged retraction; and
     (3) in either case suspend performance or proceed in accordance with the provisions of this chapter on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (30-2-704).

     History: En. Sec. 2-610, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-610; amd. Sec. 868, Ch. 56, L. 2009.