Present : Ennis and Porter JJ, 1922

ZOYSA v. SAMEEM.

106-D. C. Colombo, 100.

Agreement to deliver copra-Only a portion delivered-Is payment for deliveries made condition precedent to right to claim deliveries of balance ?

To decide whether one party to a contract is relieved from his future performance by the conduct of the other, and whether payment of a previous delivery is not a condition precedent to the right to claim subsequent deliveries under the contract, one must look into all the circumstances of the case.

THE facts are set out in the judgment of the District Judge (M. S. Shresta, Esq.):-.

There were two contracts between the parties, one of September 17, 1920, and the other of October 4, 1920. On the first contract 500 candies had to be delivered of No. 1 quality during September- October and on or before November 15 in equal quantities, payment against each delivery. It was coutended that each installment should have been of about one-third of 500 candies, and, judging from the wording of the contract which is not, however, free from ambiguity, that contention appears to be sound. If that contention is sound, the defendant was not en