J. Michael Jones (plaintiff) contracted to assign certain property rights to Richard Warmack (defendant). The contract required Warmack to make three scheduled down payments, and provided that if Jones could not or would not address potential title defects within a designated timeframe, Warmack would have a 10-day option period in which he could either terminate the contract or proceed with the transaction. The contract also provided that one party's breach of the contract would give the other party the right to retain or recover the down payments. Warmack made the first two down payments, and notified Jones of several title defects, some of which Jones said he could not address within the designated timeframe. The deadline for making the final down payment fell within the option period. When Warmack missed that deadline, Jones notified Warmack that he was in default, and that therefore Jones would keep Warmack's first two down payments. Warmack responded that Jones' stated inability to cure the title defects was an anticipatory breach that terminated the contract. Warmack sued Jones to recover the two down payments. The trial court granted Jones' motion for summary judgment and ruled that Jones was entitled to keep the down payments. Warmack appealed to the district appellate court.