Plaintiff's Termination Precludes Damages Claim After Alleged Breach

A plaintiff, seeking damages after a contract termination concerning the purchase of real estate, appealed a decision that dismissed the claim, arguing that the defendant unilaterally breached the contract by demanding payment installments contrary to the agreed-upon terms. The court reasoned that the defendant's demand for payment, while potentially constituting a breach, did not definitively terminate the contract as the plaintiff could have fulfilled the payment terms under protest or sought performance enforcement, and since the plaintiff instead terminated the contract first, the plaintiff's own termination precluded the subsequent claim for damages based on the defendant's alleged prior breach.