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Programmer was developing a new social media app that had not yet been released to the public. Search Engine Company (SEC) became interested in the

  1. Programmer was developing a new social media app that had not yet been released to the public. Search Engine Company (SEC) became interested in the app and contracted with Programmer. The contract called for Programmer to finish developing the app and integrate it into SEC's website. The contract included specified payments to be made over time to Programmer. After entering the agreement, Programmer ran into some delays in developing the app. The delays are of the type that is normal in the development of software. Executives at SEC became impatient. SEC's chief technical officer left the following message on Programmer's voicemail:

I had a meeting with our vice president of marketing yesterday and he wants to terminate the contract between you and SEC. Has he been in contact? I want to let you know. Leave me a voicemail and let me know that you got this message. I don't want you to be surprised if a letter comes from our legal department. OK? I'll try to give you a ring back again, but it will just be a little tough to reach me for the next couple of days.

Programmer did not respond to SEC. Instead, Programmer contracted to sell his social media app to Mega Software Co. Programmer then informed SEC that he considered the agreement with SEC to have been repudiated. SEC sued Programmer for breach of contract. Programmer asserted the defense that SEC repudiated their agreement. You are the judge hearing the case without a jury. How would you rule on Programmer's defense that SEC repudiated the agreement?

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