CONTRACTS-ANTICIPATORY BREACH OF A UNILATERAL OBLIGATION TO PAY MONEY

Plaintiff, a real estate broker, was employed by defendant under a contract to negotiate the purchase of tracts of land. By the terms of the contract, plaintiff's commission was not to be paid until defendant accepted title to the land purchased. A sale of land for defendant was consummated by plaintiff but defendant, before accepting title, denied the existence of any contractual obligation to plaintiff for his services. Plaintiff brought suit for his commission.

Held, there can be no recovery on a unilateral obligation to pay money before time for payment has arrived. The anticipatory breach doctrine is applicable only in cases where, at the time of repudiation, the contract has mutually dependent, executory covenants. Brown Paper Mill Co. v. Irvin, (C.C.A. 8th, 1944) 146 F. (2d) 232.