The plaintiff leased a lot to a development company and the latter agreed to demolish the present buildings and begin the erection of new ones by April 1, 1934. The defendant was surety on a bond executed to insure performance. The development company was adjudged bankrupt and, on February 11, 1931, the trustee expressly repudiated the contract. On February 24 the plaintiff notified the trustee and the bankrupt that he refused to accept the disaffirmance of the contract and would hold them to performance. The plaintiff later brought suit on the theory that the action constituted an acceptance of the repudiation and the doctrines of anticipatory breach became applicable. Held, the plaintiff's original election to continue the contract was final. McCormick et al. v. Fidelity and Casualty Co. of N. Y., (Pa. 1932) 161 Atl. 532.

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