If a contract is broken by renunciation before performance is due, the adversary party may recover damages occasioned by such breach, but he cannot without performance recover upon the contract as if he had performed the same.1 Thus under a contract giving to A the option to sell a certain business for twenty-five thousand dollars or more, his commission to be whatever he sells it for in excess of twenty-five thousand dollars, A cannot recover from the vendor as if he had performed where the vendor refuses to allow him to perform.2 This view does not affect A's right of action, but merely the measure of his damages.3 So if A repudiates a contract whereby he has agreed to pay for scales which B is to build on A's premises, B cannot thereafter forward such scales and recover the contract price.4

2 Oklahoma Vinegar Co. v. Carter, 116 Ga. 140; 94 Am. St. Rep. 112; 59 L. R. A. 122; 42 S. E. 378; Davis v. Campbell, 93 la. 524; 61 N. W. 1053; Guild v. Ry., 57 Kan. 70; 57 Am. St. Rep. 312; 33 L. R. A. 77; 45 Pac. 82; Martin v. Meles, 179 Mass. 114; 60 N. E. 397.

3 Oklahoma Vinegar Co. v. Carter, 116 Ga. 140; 94 Am. St. Rep. 112; 59 L. R. A. 122; 42 S. E. 378.

4 Johnson Forge Co. v. Leonard, 3 Penne. (Del.) 342; 94 Am. St. Rep. 86; 51 Atl. 305; Stephenson v. Cady, 117 Mass. 6; Blackburn v. Reilly, 47 N. J. L. 290; 54 Am. Rep. 159; 1 Atl. 27.

5 Bryson v. McCone, 121 Cal. 153; 53 Pac. 637.

1 Thompson v. Kyle, 39 Fla. 582; 63 Am. St. Rep. 193; 23 So. 12. See Ch. LXXIII.

2 Thompson v. Kyle, 39 Fla. 582; 63 Am. St. Rep. 193; 23 So. 12.

3 For cases taking a different view of the measure of damages see McAlister v. Safley, 65 la. 719; 23 N. W. 139; Durkee v. Gunn, 41 Kan. 496; 13 Am. St. Rep. 300; 21 Pac. 637.

4 Moline Scale Co. v. B-eed, 52 la. 307; 35 Am. Rep. 272; 3 N. W. 96. (B has not performed the contract as he has not built the scales.)