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.
Conduct relied upon as renunciation must be unequivocal.1 Conduct induced by the belief that the adversary party has himself abandoned the contract can not be treated as renunciation.2 Renunciation does not exist because of a request for a modification or rescission3 of the contract,
A notice by an unauthorized agent of a private corporation,4 or of a public corporation,5 can not operate as a discharge of a contract to which such corporation is a party. Repudiation of a contract between a partnership and another, if made by one of the partners, discharges the contract.6
A renunciation of a vital term of the contract operates as a discharge of the entire contract.8 A renunciation by the employer of a contract of employment during performance, operates to discharge the employe from a covenant on his part not to compete with his employer for a certain time after the termination of such contract.9 If A has employed B to do certain work, a notice by A to B that A has employed C to do such work is a renunciation which B may treat as a discharge,10 even if A suggests that B should assist C.11 Tender of defective performance does not of itself amount to a renunciation;12 and if, on demand for complete performance, such performance is tendered, the prior tender of defective performance does not operate as a discharge.13
(N.S.) 1171, 85 Pac. 929; Tex tor v. Hutchings, 62 Md. 150; Bishop v. T. Ryan Construction Co., 106 Wash. 254, 180 Pac. 126.
See, apparently contra, Mowry v. Kirk, 19 O. S. 375.
6 Anderson v. McDonald, 31 Wash. 274, 71 Pac. 1037.
See Sec. 2892.
7 Loeb v. Stern, 198 111. 371, 64 N. E. 1043; McWilliama v. Brookens, 39 Wis. 334; Bigelow v. Chicago, Burlington & Northern By, 104 Wis. 109, 80 N. W. 95.
8 Thompson v. Brown, 106 Ia. 367, 76 N. W. 819.
I Hall v. Northern & Southern Co., 65 Fla. 235, 46 So. 178; Houghton v. Callahan, 3 Wash. 158, 28 Pac. 377.
2 Newton v. Van Dusen, 47 Minn. 437, 50 N. W. 820.
3 McGregor v. Boss, 96 Mich. 103, 55 N. W. 658.
4 Bradford Belting Co. v. Gibson, 68 O. S. 442, 67 N. E. 888.
5 Tempe v. Corbcll (Ariz.), L. B. A. 1915E, 581, 147 Pac. 745.
6 Bryson v. McCone, 121 Cal. 153, 53 Pac. 637; Gross v. Lewis, 54 W. Va. 433, 46 S. E. 174.
7 Central Appalachian Co. v. Buchanan, 73 Fed. 1006; Grunwald v. Hahn, 176 Pa. St. 37, 34 Atl. 972.
8 General Billposting Co. v. Atkinson , A. C. 118 [affirming (1908), 1 Ch. 537]; Measures Bros. v. Measures , 2 Ch. 248 [affirming (1910), 1 Ch. 336]; Gibson v. Wheldon, 82 Vt. 175, 72 Atl. 909.
See Sec. 2986.