Betham v Margetts - [1996] 2 NZLR 708

Contract — Remedies — Cancellation — Agreement for sale and purchase of a herd of cows — Deposit paid — Condition as to minimum number of cows to be supplied — Vendor unable to supply minimum number — Purchaser treated as repudiation and anticipatory breach, cancelled the contract, and sought to recover the deposit — Whether vendor's breach entitled the purchaser to cancel — Contractual Remedies Act 1979, s 7(2) and (4).