Editor's notes.

- In light of the similarity in the provisions, decisions under former Code 1933, § 20-1106 are included in the annotations for this section.

Implied contract created.

- Plaintiff's acceptance of defendant's continuing offer of sewer services created an enforceable implied contract between the parties. Georgia v. City of E. Ridge, 949 F. Supp. 1571 (N.D. Ga. 1996).

Refusal to perform constituting anticipatory breach.

- Absolute refusal by one party to perform executory contract containing mutual obligations, prior to date or dates fixed for performance, if such repudiation goes to whole contract, amounts to tender of breach of contract; and if accepted as such by opposite party to contract, constitutes an anticipatory breach, and injured party may at that party's election sue and recover entire damages at once. Jinright v. Russell, 123 Ga. App. 706, 182 S.E.2d 328 (1971).

A buyer's attempt to cancel a sale order is not an anticipatory breach of the contract where the seller refuses to cancel and asks for adequate assurance of performance, both parties proceed as if the attempt to cancel has never taken place, the seller does not pursue any of its remedies under O.C.G.A. § 11-2-610 and the conduct of the parties over the ensuing months manifests an implicit understanding that such a repudiation has been retracted without injury. Wahnschaff Corp. v. O.E. Clark Paper Box Co., 166 Ga. App. 242, 304 S.E.2d 91 (1983).

Party may not repudiate contract and at same time seek advantage of stipulation in same contract. Jinright v. Russell, 123 Ga. App. 706, 182 S.E.2d 328 (1971).

It is unnecessary to make tender where party to whom offer is made states it will be refused. Carnation v. Pridgen, 84 Ga. App. 768, 67 S.E.2d 485 (1951)(decided under former Code 1993, § 20-1106).

Lack of delivery as defense.

- Defendant, maker of note, having breached contract by refusing to accept goods purchased thereunder, contract being by its terms not subject to cancellation, and vendor having elected to store goods for vendee, and having notified vendee of disposition of the goods, defendant cannot set up as a defense to suit on the note that merchandise was not delivered to vendee according to terms of contract. Carnation v. Pridgen, 84 Ga. App. 768, 67 S.E.2d 485 (1951)(decided under former Code 1933, § 20-1106).

Cited in Henco Adv., Inc. v. Geographics, Inc., 155 Ga. App. 571, 271 S.E.2d 704 (1980).

Am. Jur. 2d.

- 67A Am. Jur. 2d, Sales, §§ 861-881.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:588.

C.J.S.

- 77A C.J.S., Sales, §§ 99, 105, 119, 125, 126, 327, 395, 406.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-610.

ALR.

- Anticipatory repudiation of contract for sale of goods by buyer as affecting time as of which damages are to be computed, 34 A.L.R. 114.

Anticipatory breach of executory contract as starting running of statute of limitations, 94 A.L.R. 455.

Doctrine of anticipatory breach as applicable to a contract which the complaining party has fully performed, 105 A.L.R. 460.

Uniform Commercial Code: measure of recovery where buyer repudiates contract for goods to be manufactured to special order, before completion of manufacture, 42 A.L.R.3d 182.

What constitutes anticipatory repudiation of sales contract under UCC § 2-610, 1 A.L.R.4th 527.