If the nonperformance of a party to a contract is caused by the conduct of the opposite party, such conduct shall excuse the other party from performance.
(Orig. Code 1863, § 2814; Code 1868, § 2822; Code 1873, § 2873; Code 1882, § 2873; Civil Code 1895, § 3727; Civil Code 1910, § 4321; Code 1933, § 20-1104.)
RESEARCH REFERENCES
ALR.
- Appointment of receiver as excuse for nonperformance of contract, 33 A.L.R. 499.
Claim in receivership for breach of contract which was still executory when receiver was appointed, 33 A.L.R. 508.
Early death of vendor as affecting enforcement of contract to convey in consideration of contract for his or her support for life, 49 A.L.R. 601.
Necessity of showing damage to establish fraud as defense to action on contract, 91 A.L.R.2d 346.