Western Surety Co. v. Apac-Southeast, Inc.

Although I agree that APAC-Southeast is entitled to the judgment awarded by the trial court, I do not agree2 with the majority’s reasoning.

As the name implies, the “anticipatory repudiation” of a contract occurs when one party thereto repudiates his contractual obligation to perform prior to the time such performance is required under the terms of the contract. While technically such a repudiation is not a breach of contract, the contractual time for performance not having arrived, the law recognizes that under certain circumstances the innocent party to the contract may treat such an…