When either party repudiates the contract with respect to a performance not yet due, the loss of which will substantially impair the value of the contract to the other, the aggrieved party may:
(a) For a commercially reasonable time await performance by the repudiating party; or
(b) Resort to any remedy for breach (section 4-2-703 or section 4-2-711), even though he has notified the repudiating party that he would await the latter's performance and has urged retraction; and
(c) In either case, suspend his own performance or proceed in accordance with the provisions of this article on the seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods (section 4-2-704).
Source: L. 65: p. 1331, § 1. C.R.S. 1963: § 155-2-610.
Notes of Decisions
Albright v. McDermond, 14 P.3d 318 (Colo. 2000).
· cites it 2× “" It also concluded that contracting to purchase more than one house does not constitute an anticipatory breach.”
In re Mount Carbon Metro. Dist., 242 B.R. 18 (Bankr. D. Colo. 1999).
· cites it 2× “1987), quoting C.R.S. § 4-2-610 comment 1. " 'In order to constitute an anticipatory breach of contract there must be a definite and unequivocal manifestation of intention on the part of the repudiator that he will not render the promised performance when the time fixed for it…”
Stone v. Caroselli, 653 P.2d 754 (Colo. Ct. App. 1982).
· cites it 3× “Section 4-2-610, C.R.S.1973, allows an aggrieved party to resort “to any remedy for breach” following a repudiation.”
Schneiker v. Gordon, 732 P.2d 603 (Colo. 1987).
“1982) (distributors anticipatorily repudiated exclusive distributorship contract by telling manufacturers they would not sell their products); § 4-2-610 comment 1, 2 C.R.S. (1973) (“[A]nticipatory repudiation centers upon an overt communication of intention or an action which…”
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