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
1. for a commercially reasonable time await performance by the repudiating party; or
2. resort to any remedy for breach (section 554.2703 or 554.2711), even though the
aggrieved party has notified the repudiating party that the aggrieved party would await the
latter’s performance and has urged retraction; and
3. in either case suspend the aggrieved party’s 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 554.2704).
[C24, 27, 31, 35, 39, §9992, 9994; C46, 50, 54, 58, 62, §554.64, 554.66; C66, 71, 73, 75, 77,
79, 81, §554.2610]
2009 Acts, ch 41, §263
Referred to in §554.2709
\n
Notes of Decisions
Barz v. Geneva Elevator Co., 12 F. Supp. 2d 943 (N.D. Iowa 1998).
· cites it 23× “Repudiation The parties contest whether the Producers repudiated the HTAs within the meaning of Iowa Code § 554.2610 , § 2-610 of the Uniform Commercial Code (U.”
Pillsbury Co. v. Ward, 250 N.W.2d 35 (Iowa 1977).
· cites it 7× “The assignment is controlled by § 554.2610, The Code, which provides: " Anticipatory repudiation.”
Whewell v. Dobson, 227 N.W.2d 115 (Iowa 1975).
· cites it 14× “2610, The Code, and that although sub-paragraph a of this section allows the aggrieved party (plaintiff here) a commercially reasonable time to await performance by the repudiating party (defendant here), any delay in the resale of Christmas trees would be unreasonable as a…”
S & S, INC. v. Meyer, 478 N.W.2d 857 (Iowa Ct. App. 1991).
· cites it 4× “Absent attenuating circumstances, this written demand is required before the demanding party may proceed with remedies for anticipatory breach under UCC 2-610 ( Iowa Code § 554.2610 ). See, e.g., Scott, 765 P.”
Land O'Lakes, Inc. v. Hanig, 610 N.W.2d 518 (Iowa 2000).
· cites it 2× “Iowa Code Ann. § 554.2610 , cmt. 2. 3 That is exactly what happened here.”
Carson v. Mulnix, 263 N.W.2d 701 (Iowa 1978).
· cites it 2× “Section 554.2610, The Code, contains the following pertinent statement: “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.”
Data Documents, Inc. v. Pottawattamie Cnty., 604 N.W.2d 611 (Iowa 2000).
· cites it 2× “After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (section 554.2610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under…”
Johnson v. Land O' Lakes, Inc., 181 F.R.D. 388 (N.D. Iowa 1998).
· cites it 2× “Absent attenuating circumstances, this written demand is required before the demanding party may proceed with remedies for anticipatory breach under UCC 2-610 ( Iowa Code § 554.2610 ). See, e.g., Scott, 765 P.”
— Iowa Code § 554.2610(a) — 1 case
Pillsbury Co. v. Ward, 250 N.W.2d 35 (Iowa 1977).
“The assignment is controlled by § 554.2610, The Code, which provides: " Anticipatory repudiation.”
— Iowa Code § 554.2610(b) — 1 case
Pillsbury Co. v. Ward, 250 N.W.2d 35 (Iowa 1977).
“The assignment is controlled by § 554.2610, The Code, which provides: " Anticipatory repudiation.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.