This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Until breach no cause of action arises on a contract.1 Upon breach a cause of action arises in favor of the party not in default, and against the party in default.2 Breach of contract may have three different results according to the circumstances of the case and the election of the party not in default. (1) The party not in default may maintain an action for damages against the party in default,3 or under proper circumstances he may sue in equity for specific performance.4 (2) The party not in default may, in some cases, elect to treat such breach as discharge, refuse to perform further, and use such breach as a defense.5 (3) The party not in default may in some cases treat such breach as a discharge of the contract ah initio and recover a reasonable compensation for what he has done under it, as if there had been no express contract at all, but merely an implied contract to compensate him for what he has done.6
1 See Sec. 1436 ct seq.
2 See Sec. 1442.
3 See Sec. 1443 et seq.
1 Tillinorliast v. Lumber Co.. 39 S. O. 484; 22 L. R. A. 49; 18 S. E.