Stonecipher v. Pillatsch
Illinois Appellate Court
332 N.E.2d 151 (1975)
The Stoneciphers (plaintiffs) contracted to buy the Pillatsches' (defendants) house with a July 1 possession date and gave a $1,000 deposit; the parties orally agreed in early June to push the date to July 15, but the Stoneciphers then learned the Pillatsches actually wanted August 1, and insisted on the original July 1 date. When the Pillatsches said they couldn't move out until August 1, the Stoneciphers declared the contract off and demanded their deposit back; the Pillatsches refused, and though the Pillatsches later wrote saying they'd be out by July 1 after all, the Stoneciphers didn't respond and eventually sued for their deposit. The trial court ruled for the Stoneciphers, and the Pillatsches appealed.
Whether a party to a contract commits anticipatory repudiation if the party gives definite notice that it will not perform prior to the time that performance is due under the contract.