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.
In jurisdictions where renunciation before performance is due is held to be ground for treating the contract as discharged, and for bringing an action thereon at once, it amounts to breach and discharge only if the adversary party elects to treat it so.1 The adversary party has the election between treating such renunciation as a breach or disregarding it as inoperative and waiting until the time fixed by the contract for performance, in order to give the party who has renounced the contract an opportunity to comply with its terms and perform according to his agreement.2 A had agreed to sell to B from three hundred tons to five hundred tons at B's option, and A, on delivering three hundred tons ordered by B, notified B that he would deliver no more. It was held that B could ignore such notice, demand two hundred tons more and sue A for non-delivery.3
6 McPherson v. Hattich, 10 Ariz. 104, 85 Pac. 731.
See, also, Maud v. Maud, 33 O. S. 147, in which, however, the manner in which the contract was renunciated and the form of the renunciation are not stated; and in which possibly the only refusal was a refusal to do more than was required by the terms of the contract."
1 Connecticut. Wells v. Hartford Manilla Co., 76 Conn. 27, 55 Atl 599.
District of Columbia. Landvoigt v Paul, 27 D. C. App. 423.
Georgia. Smith v. Georgia Loan, Savings & Banking Co., 113 Ga. 975, 30 S. E. 410.
Maryland. Dambmann v. Lorentz, 70 Md. 380, 17 Atl 389 [sub nomine, Dambmann v. Rittler, 14 Am. St. Rep 364].
Minnesota. Alger -Fowler Co. v. Tracy, 98 Minn. 432, 107 N. W. 1124.
Hew York. St. Regis Paper Co. v. Santa Clara Lumber Co., 186 N. Y. 80. 78 N. E. 701; Ga Nun v. Palmer, 202
N Y. 483, 36 L. R. A. (N.S) 922, 06 N. E. 00.
West Virginia. Swiger v. Hayman, 56 W Va. 123, 107 Am. St. Rep. 839, 48 S. E 839.
2 Connecticut. Wells v Hartford Manilla Co., 76 Conn. 27, 55 Atl. 509.
District of Columbia. Landvoigt v. Paul. 27 D. C. App. 423.
Georgia. Smith v. Georgia Loan, Savings & Banking Co., 113 Ga. 975, 39 S. E. 410
Maryland. Dambmann v. Lorentz, 70 Md. 380, 17 Atl 389 [sub nomine, Dambmann v Rittler, 14 Am. St. Rep. 364]
Minnesota. Alger-Fowler Co. v. Tracy, 08 Minn. 432, 107 N. W. 1124.
New York. St. Regis Paper Co. v. Santa Clara Lumber Co., 186 N. Y. 89, 78 N. E. 701.
West Virginia. Swiger v. Hayman, 56 W. Va. 123, 107 Am. St. Rep. 899, 48 S. E. 839.
3 Dambmann v. Lorentz, 70 Md. 380, 17 Atl 389 [sub nomine, Dambmann v. Rittler, 14 Am. St. Rep. 864].