Buyer v. Seller: Judicial Enforcement of Contract Upon Anticipatory Breach

A party contracted to purchase a property with a stipulated completion date, but the seller failed to appear at the scheduled closing, leading the buyer to issue a formal notice demanding execution of the sale and reserving all rights. The buyer subsequently filed suit seeking judicial enforcement of the sale, but the trial court dismissed the action, finding that the buyer's formal notice, lacking a new deadline for performance, did not constitute a definitive putting in default sufficient to justify immediate judicial resolution. The high court overturned this decision, reasoning that when one party explicitly states they will not perform under the contract, a formal notice demanding execution is sufficient to establish default, allowing the diligent party to seek judicial enforcement without setting a new ultimatum for performance.