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Discharge by Breach


DISCHARGE BY BREACH. A party who fails to perform his promises under a con tract thereby comzits a breach of the contract, and such breach in every instance gives the other party a right of action either to secure damages for the breach or to enforce the party in default to specifically per form his promise. Further, such breach by a party may discharge the other party from the performance of what he has promised in the contract. It is to be observed that while every breach gives a right of ac tion to the opposite party, it may not be sufficient to discharge such party from his duty of performance. So it is necessary to inquire in what case a breach will amount to a discharge. (Anson on Cont. 276.)