Sackett v. Spindler
California Court of Appeal
56 Cal. Rptr. 435 (1967)
Spindler (defendant) agreed to sell stock to Sackett (plaintiff) in installments, with full delivery due once Sackett paid the final installment by August 15. Sackett's final payment check bounced, and despite repeated extensions, promises, and a partial-payment offer over the following weeks, Sackett never tendered the full balance in cash or its equivalent; Spindler ultimately notified Sackett he would not complete the sale. Sackett sued for breach, claiming Spindler's refusal was itself an unlawful repudiation; Spindler cross-claimed for breach, and the trial court found Sackett's non-payment was an unjustified breach, ruling for Spindler.
Whether a party's suspension of performance in response to the other party's partial breach of the contract constitutes unlawful repudiation of the contract.