Since, in the cases under consideration in this chapter, the defendant is protected against the contingency resulting in his failure to perform by an implied condition, he cannot be held responsible for the damages sustained by the plaintiff as a result of such failure. In other words, the defendant's failure to complete performance is not an actionable breach. But if the plaintiff, in reliance upon the contract and in expectation of the defendant's performance, has by his own performance conferred a benefit upon the defendant, he is entitled to restitution.1

1 1876, 93 U. S. 24, 34.

2 1881, 18 W. Va. 400, 423 et seq.