Truman L. Flatt & Sons Co. v. Schupf
Illinois Appellate Court
649 N.E.2d 990 (1995)
Relevant factsFree
Truman's (plaintiff) letter requesting a price modification after rezoning opposition arose was found by the trial court to be anticipatory repudiation of its real-estate contract with the owners (defendants), but Truman's subsequent letter unambiguously reaffirmed its intent to purchase at the original price before the owners' letter declaring the contract void, and interrogatory answers confirmed the owners never discussed or agreed to sell to any other party in the interim.
IssueFree
Whether one can rescind anticipatory repudiation if the other party has neither materially relied upon it nor provided notice that it considers the contract repudiated.