Kelly v. Orrico

Parties, who were friends living two doors apart, entered into contract for Defendants to purchase Plaintiffs' home, and Plaintiffs filed suit, alleging breach of contract, as Defendants failed to close on purchase on date set for closing. Plaintiffs did not allege anticipatory repudiation; thus, any proof submitted to support that theory was defective, and court erred in finding for Plaintiffs on that basis. Evidence at trial did not show that Defendants had clearly and unequivocally repudiated their contract, as Plaintiffs had, subsequent to their agreement to sell to Defendants, listed home for sale, placed a for-sale sign in their yard, and entered into contract with other buyers.(McLAREN and SPENCE, concurring.)