Pesa v. Yoma Development Group, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• affirming the \correct\ rule is that the non- repudiating party must prove its ability to perform and distinguishing American List
• declining to extend 39 American List because the buyers only needed to show that they \would and could have closed the transaction if the seller had proceeded to a closing as the contract required\
• “The rule requiring non-repudiating buyers to show their readiness, willingness and ability to perform is supported by common sense.”
• “Where one party to a contract repudiates it and refuses to perform, the other party by reason of such repudiation is excused from further performance, or the ceremony of a futile tender.”

Source: CourtListener parenthetical corpus (CC0).