Contract; anticipatory breach; reciprocal duties of performance.
Facts: Mahoney contracted to sell two blocks of land to Lindsay. Both contracts required that 'completion of the sale shall take place no later than the 29th day of June 1979.' Before this date, Mahoney indicated he wanted to get out of the contracts. Lindsay refused to accept this, and gave notice that he intended to complete the transaction but Mahoney's solicitor said he had no instructions to complete the sale. Consequently Lindsay did not attend a meeting to pay the purchase money, something he was ordinarily required to do in exchange for transfer of the property. Lindsay then brought an action to enforce specific performance of the contract. Mahoney's defence was that Lindsay had not properly tendered payment on the agreed day.
Issue: Was Lindsay entitled to enforce the contract, even though he had not tendered payment?
lf Decision: In the circumstances, Lindsay was entitled to enforce the agreement even though he had not tendered payment on the date originally aranged.
Reason: Through his solicitor, Mahoney had made it clear that it was useless for Lindsay to attend a meeting to pay the purchase money. In such circumstances, Lindsay was excused from doing what he was otherwise required to do. He was entitled to affirm the contract and seek its enforcement. The court ordered the contracts to be performed and the sales completed.