204 F.2d 709 (1953)
Appellee gas company entered into a contract with appellant to supply gas to a federal housing project for a specified period of time. Appellee gas company notified appellant that it intended to cancel the contract. Appellant stated that it would sign a contract with another gas company if appellee gas company did not retract the anticipatory breach within three days. Appellee gas company repudiated the anticipatory breach after the three day period expired but before appellant signed the contract with another gas company.
- The court held that the retraction did not heal the breach because the retraction came after the three day period imposed by appellant had expired.
- The three day period was not extended until the date appellant signed the contract with another gas company because the evidence demonstrated that the signing of the contract was not delayed for the purpose of allowing appellee gas company an extended time to repudiate the anticipatory breach.
The judgment in favor of appellees was reversed because appellees failed to repudiate the anticipatory breach before the expiration of the three day period imposed by appellant, and the three day period was not extended until the time appellant signed the contract with another gas company. The court remanded the cause with directions to enter judgment against appellees.
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