Does the issue of a writ constitute an acceptance of the renunciation of a contract?

As to the refusal to perform the contract, I am of the opinion that the issue of the writ was an acceptance of the renunciation. Surely the issue of a writ was notice that the plaintiff treated the renunciation as a breach and was forthwith suing for damages. I can find no case which decides that, when one party renounces a contract the other party must give some formal notice to the party renouncing that he treats the renunciation as a breach before commencing action. In several cases it is stated that in case of refusal to perform by one party the other party may elect to take one of two courses: He may either treat the renunciation as a breach and sue for damages forthwith or he may wait till the time for performance arrives and then sue. In Chitty on Contracts, 20th ed., p. 251, the learned author cites Hochster v. Be la Tour, supra, in support of this statement. In the Encyclopedia of the Laws of England, vol. 3, p. 549, there is the following statement: “Refusal before the time of performance may be treated as an immediate breach at the other party’s election * * * provided that the refusal is absolute and the election exercised in due time.”