The party who has prevented the adversary party from performing has himself committed a breach for which he is liable in damages.1 He can not set up the failure of the adversary party to perform, as a defense to such action.2 If A agrees to perform certain work for B for which B is to furnish certain material, B's failure to furnish such material does not operate as a discharge of B's liability of the contract; but B is liable for such default on his part.3 If A has agreed to manufacture certain articles for B in accordance with specifications which B is to furnish, A may recover damages because of B's failure to furnish specifications, although A has not proceeded to manufacture such articles upon his own-specifications.4 If a canning company which has bought a crop of growing peas under a contract by which the seller is to submit samples to the canning company a few days before the crop is ready to harvest, whereupon the canning company is to notify him when to deliver the crop, omits to exercise proper diligence in examining the crop on receiving such samples, such omission is a breach which renders the canning company liable for damages caused thereby.5 A intended to buy certain property at a foreclosure sale, and he entered into a contract with B by which he agreed to resell such property to B. At the foreclosure sale B outbid A. It was held that B was liable for broach of such contract, and that A could recover the difference between the contract price and B's bid.6

9 Lehmann v. Warren, 209 111. 264, 70 N. E. 600.

9 Lehmann v. Warren, 209 111. 264, 70 N. E. 600.

10 Kentucky Union Lumber Co. v. Martin (Ky.), 40 S. W. 101.

1 United States. Miller v. United States, 49 Ct. CI 276.

Indiana. Indianapolis Northern Traction Co. v. Brennan, 174 Ind. 1, 30 L R. A. (N.S.) 85, 87 N. E. 215, 90 N. E. 65, 91 N. E. 503.

Hew York. Patterson v. Meyerhofer, 204 N. T. 96, 07 N. E. 472.

Tennessee. Gardner v. Deeds, 116 Tenn 128, 4 L. R. A. (N.S.) 740, 92 S. W. 518.

Wisconsin. Olson v. Viroqua, 121 Wis. 571, 105 Am. St. Rep. 1039, 00 N. W. 326.

2 Gardner v. Deeds, 116 Tenn. 128, 4 L. R. A. (N.S.) 740, 02 S. W. 518; Patterson v. Meyerhofer, 204 N. Y. 06, 07 N. E. 472.

3 Indianapolis Northern Traction Co. v. Brennan, 174 Ind. 1, 30 L. R. A. (N.S.) 85, 87 N. E. 215, 00 N. E. 65, 01 N. E. 503; Olson v. Viroqua, 121 Wis. 571, 105 Am St. Rep. 1030, 00 N. W. 326.

4 Gardner v. Deeds, 116 Tenn. 128, 4 L. R. A. (N.S.) 740, 92 S. W. 518.