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.
Formal renunciation not essential it is not necessary that a party who attempts to repudiate a contract should do so in any set or definite form to perform it, or to recognize it as a valid obligation, is a sufficient renunciation.2 If an offer has been accepted, the declaration of the offeror to the effect that he made no such offer and that he will not perform amounts to a renunciation3 The declaration of one of the parties to a contract to intermarry, to the effect that he wishes to have nothing to do with the other party, is equivalent to a refusal to perform the contract to marry.4
Any expression of his intent to renounce a contract, either by word or act, is sufficient.1 The refusal of one of the parties to the contract
4 Rayburn v. Comstock, 80 Mich. 448.
5 Swiger v. Hayman, 56 W. Va. 123, 107 Am St. Rep. 899, 48 S. E. 839; Kelson v. Morse, 52 Wis. 240.
6 Swiger v. Hayman, 56 W. Va. 123, 107 Am. St. Rep. 890, 48 S. E. 839.
7 Green wall Theatrical Circuit Co. v. Markowitz, 97 Tex. 479, 65 L. R. A. 302, 79 S. W. 1069.
8 Greenwall Theatrical Circuit Co. v. Markowitz, 97 Tex. 479, 65 L. R. A. 302, 79 S. W. 1069. In view of the provisions of the contract, it may be that the manager was not entitled to any part of the proceeds of the lease; but if he had such right under the original contract, it should not be denied to him because the other pnrty has renounced the contract. The result seems to be based on the theory that, although the manager had insisted orally that the contract was in force and had demanded performance, he alleged such renunciation as a breach in his petition, although he also alleged the sale of the lease as a basis of recovery.
1 Connecticut. Trowbridge v. Jeffer-Fon Auto Co, 92 Conn. 569, 103 Atl. 843.
Louisiana. Johnson v. Levy, 122 La. 118, 47 So. 422.
Minnesota. McGuire v. J. Neils Lumber Co., 97 Minn. 293, 107 N. W. 130.
Rhode Island. Parkinson v. Murphy, - R. I. - , 107 Atl. 235.
Wisconsin. Davidor v. Bradford, 129 Wis. 521, 109 N. W. 576; Ambler v. Sinaiko, 168 Wis. 286, 170 N. W. 270.