Court of Appeals for the Ninth Circuit October 14, 1901, No. 683 (Home Land & Cattle Co. v. McNamara)

GILBERT, Circuit Judge,

after stating the case as above, delivered the opinion of the court.

One of the contentions upon the part of the appellants is that the appellees cannot demand the specific performance of the contract, for the reason that they themselves failed to carry out its provisions by refusing to pay the $23,325, which, under the contract, became due upon the delivery of the cattle