Link v. Weizenbaum

This appeal raises an issue of first impression in the Commonwealth: whether breach of contract on the basis of anticipatory repudiation can be established where only one of two joint obligors has repudiated. To resolve this issue we must first analyze the separate rules governing anticipatory repudiation and the duties of joint obligors, then we must synthesize a rule applicable to the present problem.

The pertinent facts are as follows: On June 16, 1980, Lawrence and Freya Weizenbaum, then husband and wife, jointly signed a contract to purchase realty from James and Margaret Link. The…