absolute refusal to perform
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 82 U.S. 36 - Smoot's Case · 1872Most cited · 161 citing opinions
it must be a distinct and unequivocal absolute refusal to perform the promise, and must be treated and acted upon as such by the party to whom the promise was made; for if he afterwards continue to urge or demand a compliance with the contract, it is plain that he does not understand it to be at an end
How often courts cite the case defining “absolute refusal to perform”
Court decisions citing the opinion that defined “absolute refusal to perform” — 161 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.