P tells D he will get right on it. D still does not return. P again say he will get right on it. D still doesn't show up to complete work. P tells D that he will be at the site the next day.
D terminates the contract and has work done by other contractor.
P thinking he had another 45 days to complete the work then sues D for breach of contract. Judge finds reasonable time to complete the work was 60 days to complete but finds in favor of D because Ps conduct was an anticipatory repudiation of the contract permitting D to terminate it prior to the 60 day deadline. Restate 2d Contracts 250 allows a party to terminate a contract when the other parties words or conduct evidences an intent to repudiate the contract. Record did not contain any record that P distinctly and absolutely evidenced his intent not to perform the contract. Finds P did show an intent to complete the contract when conditions permitted.