New York Trust Co. v. Island Oil & Transport Corporation

(after stating the faets as above). We do not find it necessary to decide whether the appointment of the seller’s receivers and the subsequent correspondence constituted an anticipatory breach of the contract. Even if they did, the damages are not to be computed in disregard of 'what took place between then and the filing of the claim, or for that matter — this being in equity — up to the entry of the decree. It is, indeed, one of the consequences of the doctrine of anticipatory breach that, if damages are assessed before the time of performance has expired, the court must take the chance of…