Oliver Wendell Holmes, Jr.

“ The plaintiff argues from the escrow that it had fifteen days; but as it also contends for other purposes that the escrow did not modify the contract, the argument is weakened. But it is enough that on the record the plaintiff discloses an unexcused breach. There is nothing in the answer to better the case thus made. We agree with the courts below that the depositing in the Arizona Bank was a condition concurrent with the obligation of Powers to allow the plaintiff to continue in possession, and precedent to Powers's obligation to convey. ”

“ Before April 15, Ferguson and his assignee had been in possession and at work. Shortly after that date the World's Fair Mining Company went on with the business. On June 6, 1904, it received several thousand dollars proceeds from ores, and deposited them in the First National Bank of Nogales, to its own account. The money not having been deposited in the Arizona National Bank, and Powers being dissatisfied with the conduct of the plaintiff's predecessors, who also seem to have failed to deposit as agreed, on June 11 he brought suit and garnisheed the Nogales account. ”