Logically, there can be no breach of a promise until the terms or conditions qualifying the promise have been fulfilled. One who contracts to do a certain thing on a certain contingency or at a certain time does not and indeed cannot break that promise unless the contingency happens or the time arrives. Clear as this statement is on principle and though it probably erpresses the law in regard to unilateral contracts, the prevalent doctrine in regard to bilateral contracts asserts an exception to it where there is a repudiation of the obligations of a contract by a party to it.40 If the contract was originally bilateral, but the injured party has already performed all that the contract required of him, the situation becomes the same as if the contract were originally unilateral.41
36 McGarty v. Hertford, 125 Fed. 46; Kelly o. Renfro, 0 Ala. 326, 44 Am. Dec. 441; Kurtz v. Frank, 76 IuL 594, 40 Am. Rep. 275; Kendall 9. Dunn, 71 W. Va. 262, 76 8. E. 454, 43 L. R. A. (N. 8.) 556.
37 Holloway v. Griffith, 32 la. 409, 7 Am. Rep. 208; Bennett v. Beam, 42 Mich. 346, 4 N. W. 346, 36 Am. Rep. 442.
38 See infra, Sec.1320.
39 Colby v. Reed, 09 U. a 560, 25
L. Ed. 484; Gould v. Banks, 8 Wend, 562,24 Am. Dec. 90; Emack v. Hughes. 74 Vt. 382, 392, 52 Atl. 1061.
40 It is no exception that in a bilateral contract there may be an entire breach of the contract though the time for all of the defendant's obligation or even of the most important part of it has not yet arrived. See infra, Sec. 1317.
41 See infra, Sec. 106.