Jozovich

Respondent here guaranteed to produce a machine under a contract which provided for an intermediate payment on April 1st and a later final payment on May 1st under certain conditions. Appellant failed to make the April 1st payment; respondent nevertheless, continued to work on the machine. Our principal question turns on whether the trial court’s judgment for the intermediate installment can be sustained despite respondent’s continued attempted performance and his ultimate failure. Because the contract provided for the guaranteed production of a single entity, a functioning machine, we do not believe the intermediate payment constituted a severable, divisible obligation, and we hold that recovery of that installment, after the date of final payment, must be conditioned upon the expected and guaranteed performance. Nor can respondent successfully contend that he was prevented from fulfilling the contract by appellant’s refusal to permit him to work after June 23d; the extension of time from May 1st until June 23d for the completion of the machine granted respondent a reasonable time and he was entitled to no more. Finally, while the trial court allowed recovery for the reasonable…