The simplest of all methods of discharging the contract is by its performance on both sides, according to the terms of the original contract. A modified performance will have the same effect if the parties agree to accept it. If a promissory note is given in settlement of money due on a contract, the presumption is that the party intended this as a conditional discharge.1 If the note is not paid when due the creditor in most states may resort to the original claim.2 In a few states, a note taken in payment for a claim is prima facie an absolute discharge.3 A proper offer or performance discharges the party making the offer. When, however, the performance due is the payment of a sum of money a tender does not create an absolute discharge; the tender must be kept open.4 A party is not released from performance because the contract has since making become impossible of performance.5

1 The Kimball, 3 Wall, 37, 45; Stevens vs. Park, 73 I11., 387; Appleton vs. Kennon, 19 Mo., 837; Jaffrey vs. Cornish, 10 N. H., 505; Bill vs. Porter, 9 Conn., 23, 31.

2 Fleig vs. Sleet, 43 Ohio St., 53; I. N. E. 24; Muldon vs. Whit-lock, 1 Cowp., 290; Joslin vs. Giese, 59 N. J. L., 130; 36 A, 680.