Bond v. Duntley Manufacturing Co.

Mr. Presiding Justice Gridley

delivered the opinion of the court.

6. Contracts, § 298*—when tender of performance insufficient. An offer to ship goods on condition that defendant pay for them in advance of shipment is not a sufficient tender of performance under a contract providing for shipment on condition of payment “in thirty days from delivery.” 7. Contracts, § 294*—when performance or mllingness to perform, conditions precedent to recovery. An action upon a contract cannot be maintained unless plaintiffs proved performance on their own part, or that they were ready and willing to perform…