This section contains the nature of the case and procedural background.

On June 13, Wholesale (P) agreed to perform work for Decker to install a gravel driveway. There were no time limitations, but the contract specified payment was to be made in 90 days. P started work and told D that the work should be completed in one week even though P believed it had 90 days. Difficulties in the work surfaced because the ground was too wet. P decided to wait for the ground to dry. D contacted P on July 12, and on July 19 to get the work finished. P responded that he would get right on it. D called on July 28 to terminate, and P promised to show up the next day. P did not appear, and D terminated the agreement. There was still 45 more days remaining. P sued, and judgment was entered for D; P's conduct constituted anticipatory repudiation. D appealed.

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