To operate as a breach by renunciation, however, the party who renounces the contract must do so by a distinct, unequivocal and absolute refusal to perform the contract or to recognize it as binding upon him.1 If a contract provides that A is to have the use of certain realty and to pay taxes thereon and keep it in repair, A's act in leasing such realty does not amount to a repudiation of the contract, since by the terms thereof A was not bound to remain in possession personally.2 If by the contract between the property owner and the contractor, the property owner is to pay premiums for the bond of the contractor, the fact that the bond which the property owner tenders to the contractor contains a formal recital of payment of the premium by the contractor does not show a renunciation of such provision of the contract by the property owner.3 A request for suspension of performance and for a conference before performance was resumed, in order that the parties might agree upon the precise method thereof, does not amount to a renunciation.4 A letter written by an agent of a corporation, who has made a contract on its behalf, referring to it as a quasi-agreement by the corporation, quoting the resolution under which he is acting, questioning his authority under such resolution to make the agreement and suggesting that the adversary party await further action of the board of directors of the corporation before proceeding, is not renunciation.5

2 Connecticut. Trowbridge v Jefferson Auto Co, 92 Conn. 569, 103 AtL 843.

Kentucky. 'Wallingford v. Aitkins (Ky ), 72 S W. 794; Hobbs v. Ray (Ky.), 96 S. W. 589, 29 Ky L. Rep. 999.

Louisiana. Johnson v. Levy, 122 La. 118,47 So. 422.

Minnesota. McGuire v. J. Neils Lumber Co, 97 Minn. 293, 107 N W. 130.

Vermont. Ellis' Admr v. Durkee, 79 Vt. 341, 65 AtL 94.

Wisconsin. Davidor v. Bradford, 129 Wis. 521, 109 N. .W. 576; Ambler v. Sinaiko, 168 Wis. 286, 170 N. W 270

"By refusing to accept the tendered payments of purchase money the defendants may have lost some of their rights, but such refusal was not of itself a repudiation of the contract, and did not give the plaintiff a right of action, when the time for the conveyance to be made had not arrived and no right to or request or demand for the possession of the land* or any of them under the contract is alleged." Hall v. Northern & Southern Co, 55 Fla. 235, 46 So. 178; Parkinson v Murphy, - R. I. - , 107 Atl. 235.

3 Ellis' Administrator v. Durkee, 79 Vt. 341, 65 Atl. 94.

It is said that the failure of the adversary party to perform after such renunciation may create a "presumption of mutual assent to a rescission.** Mowry v Kirk, 19 O. S. 375.

4 Parkinson v Murphy, - R. I. - , • 107 Atl 235.

1 Alabama. Ollinger & Bruce Dry Dock Co v Gibbony, - Ala. - , 81 So. 18.

Delaware. Hartnett v Baker (Del.), 56 Atl 672.

Iowa. Henderson v Henderson, 136 la 564, 114 N W. 178; Schillinger v. Bosch Ryan Grain Co, 145 la 750, 122 N W 901 [for former opinion see 116 N. W. 1321.

Kentucky. Hollerbadi & May Contract Co v. Wilkins, 130 Ky 51, 112 S W. 1126.

Maryland. Mount Vernon Brewing Co v. Teschner, 108 Md 158. 16 L R A (NS.) 758, 69 Atl. 702

Minnesota. McGuire v. J. Neils Lumber Co, 97 Minn. 293, 107 N W. 130.

Montana. Long v. Needham, 37 Mont. 408, 96 Pae. 731.

New York. St. Regis Paper Co v. Santa Clara Lumber Co., 186 N. Y 89, 78 N E 701

North Carolina. Edwards v. Proctor, 173 N Car 41, 91 S. E. 584; LaSalle Extension University v. Qgburn, 174 N. Car. 427, 93 S. E. 986.

If the renunciation alleged consists of words and conduct of the parties about which there is a dispute of fact, the question of renunciation is for the jury.6