A party's email expressing an intention not to proceed with a contract does not constitute repudiation where, read in context, it reveals a genuine misunderstanding — induced by the other party's confusing communications — that the other party had already decided not to perform. Where a witness's evidence about a conversation is not challenged in cross-examination, is not inherently implausible, and the other party to the conversation is not called, the trial judge cannot reject that evidence. Where a contract for sale of land is not performed and neither party takes steps to enforce it for a prolonged period, the contract may be found to have been mutually abandoned, entitling the buyer to return of the deposit on the basis of total failure of consideration.
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