Menako v. Kassien

Plaintiff alleges in his complaint two grounds on which he bases his right to rescind the contract: (1) Fraud and misrepresentation; (2) defendants’ anticipatory breach or repudiation. Proof of either of these grounds is sufficient to establish plaintiff’s case. It is therefore unnecessary to refer to the allegations of fraud and misrepresentation. The question whether defendants repudiated the contract is a question of law presented by the undisputed facts set forth in the pleadings and the affidavits.

Paragraph 13 of the complaint alleges receipt of the November 7, 1951, letter “demanding…