National Farmers Organization v. Bartlett & Co., Grain

National Farmers Organization (NFO) (plaintiff) had 45 grain-sale contracts with Bartlett & Co., Grain (defendant), fully performing the first 31 but falling behind on the next six, prompting Bartlett to withhold some payment on delivered grain as protection against NFO's incomplete performance. With eight contracts still outstanding, NFO told Bartlett it would stop delivering under those eight unless Bartlett first made substantial payment on the six prior contracts; Bartlett treated this as anticipatory repudiation of the remaining eight, paid NFO the net amount owed after setting off damages from both the six breached contracts and the anticipated breach of the eight, and NFO sued, denying its statement was a repudiation.