Section 51 in Jammu and Kashmir Contract Act, Svt. 1977 (1920 A.D.)
51. Promiser not bound to perform, unless reciprocal promisee ready and willing to perform
When a contract consists of reciprocal promises to be simultaneously performed, no promiser need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.Illustrations(a)A and B contract that A shall deliver goods to B to be paid for by B on delivery.A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.B need not pay for the goods, unless A is ready and willing to deliver them on payment.(b)A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on delivery.A need not deliver, unless B is ready and willing to pay the first instalment, on delivery.B need not pay the first instalment, units A is ready and willing to deliver the goods on payment of the first instalment.
