Another important and frequently neglected distinction is that between an action for restitution and an action on the contract. Since repudiation affords immediate cause for rescission it also entitles the party aggrieved to bring an immediate suit for the restitution specifically or in money equivalent of whatever he has parted with.7 Cases allowing this do not involve the consequence that an action might be brought at that time on the contract.
4 2 E. & B. 678.
5 See infra, Sec. 1331.
6 Thus where an owner of a building refused to allow a contractor to go on with work upon it a condition of the contract requiring the contractor to produce a certificate of an engineer showing full performance cannot be set up by the owner in answer to an action by the contractor. Smith v. Wetmore, 167 N. Y. 234, 60 N. E. 419. See supra, Sec. 677.