(Download) "Woodrow W. Annon v. David F. Lucas" by Supreme Court of Appeals of West Virginia * eBook PDF Kindle ePub Free
eBook details
- Title: Woodrow W. Annon v. David F. Lucas
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 09, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1. Contracts -- Anticipatory Breach The general rule in cases of anticipatory breach of contract is that where one party repudiates
the contract and refuses longer to be bound by it, the injured party has an election to pursue any of three remedies: he may
treat the contract as rescinded and recover on quantum meruit so far as he has performed; or he may keep the contract alive
for the benefit of both parties, being at all times ready and able to perform, and at the end of the time specified in the
contract for performance, sue and recover under the contract; or he may treat the repudiation as putting an end to the contract
for all purposes of performance, and sue for the profits he would have realized, if he had not been prevented from performing. 2. Limitation of Actions When an action is brought after the time fixed by an executory contract for the beginning of performance
by a party who has committed an anticipatory breach, the period of limitations runs not from the time of such breach but from
the time fixed for performance by the defaulting party.