The Court held that a vendor accepting a purchaser's anticipatory breach repudiation was ready, willing and able to perform notwithstanding an unresolved dispute between the parties as to the vendor's contractual obligations, where the vendor's position on the dispute was tenable and it remained willing to comply with whatever the contract truly required. The Court also held that the 'ready, willing and able' requirement should be qualified as applying only where the accepting party seeks damages or to retain a deposit, not where it merely seeks to bring the contract to an end and recover a deposit as restitution. No estoppel arose because the repudiatory email diverged materially from what had been discussed, and continuing construction work did not constitute an unequivocal election to affirm the contract.
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