A writ of execution applies to a debtor’s nonexempt real or personal property wherever
located.
Erin contracts in writing to sell her Ford-brand pick-up truck to Garth for $10,500. Erin
agrees to deliver the truck on Friday, and Garth promises to pay the $10,500 on the
following Monday. On Thursday, Garth tells Erin that he changed his mind and will not
buy the truck. Over the weekend, Garth changes his mind again and tenders $10,500 to
Erin on Monday. Erin has not sold the truck to another party but refuses the tender and
refuses to deliver. Garth claims that Erin has breached their contract. Erin contends that
Garth’s repudiation released her from her duty to perform under the contract. Who is
correct, and why?