Joseph P. Bradley

“ And that the conduct of one party to a contract which prevents the other from performing his part is an excuse for non-performance, see Addison, Contracts, sect. 326; Fleming v. Gilbert, 3 Johns. (N. Y.) 527. In the case last cited, the defendant was sued on a bond obliging him by a certain time to procure and cancel a mortgage of the plaintiff and deliver the same to him. The defendant was allowed to prove by parol that he procured the mortgage, and, having inquired of the plaintiff what he should do with it, was directed to place it in the hands of a third person. ”

“ This was held to be an excuse for not having fully performed the condition. Judge Thompson said: 'It is a sound principle that he who prevents a thing being done shall not avail himself of the non-performance he has occasioned. ”