The plaintiffs Brian and Nicole Kelly, who were friends with the defendants Larry Orrico and Renae Yockey, signed a purchase contract to sell their home to the defendants for $1.2 million in July 2007. In May 2008, the defendants said they could not proceed with the purchase. The plaintiffs then found another buyer for the same price but the defendants refused to pay the $30,000 realtor commission. The plaintiffs sued the defendants for breaching the purchase contract and being awarded $150,000. However, an appellate court overturned this ruling as the plaintiffs did not allege anticipatory repudiation in their complaint and the evidence showed the defendants' actions did not clearly manifest an intent not to perform under the contract