This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The recognition of the fact of a breach by the adversary party followed by conduct consistent with the fact of such breach, which looks to the mitigation of damages arising there-" from does not amount to an abrogation of the contract. Thus an employe's accepting other work from one member of a firm on breach of a contract of employment made with such firm,1 does not abrogate such contract. So if a buyer does not perform the contract of sale, the fact that the vendor resells on the vendee's account,2 and that he acts under the vendee's instructions in making such resale,3 does not abrogate the contract of sale. So if A breaks a contract into which he has entered with B, B's unaccepted offer to release A from liability on certain terms does not operate as a discharge of such contract.4
19 St. Louis, etc., By. v. Milk Co., 175 111. 557; 67 Am. St. Rep. 238; 51 N. E. 911.
20 John S. Brittain Dry-Goods Co. v. Birkenfeld, 20 Mont. 347; 51 Pae. 263.
21 C. & C. Electric Motor Co. v.
Frisbie Co., 66 Conn. 67; 33 Atl. 604.
22 Banewur v. Levenson, 171 Mass. 1; 50 N. E. 10.
23 Smith & Co. v. Bierce, 104 La. 96; 28 So. 905.
1 Nickerson v. Russell, 172 Mass. 584; 53 N. E. 141.