Jensen

This is an appeal from a judgment for $231, for damages found to have been suffered by plaintiff, by reason of the failure of defendants to deliver to him hay under a written contract, dated June 1, 1916, by the terms of which the hay was to be paid for “on the thirteenth day of each month following delivery. ’ ’ The defense is that plaintiff refused to pay for the hay as required by the contract, thereby releasing defendants from further performance on their part.

The testimony of and in behalf of defendants is corroborated by the evidence and admissions of plaintiff while on the stand, and fails to support the findings of the trial court. Plaintiff never met his obligations to pay as required. On the fifteenth day of July, the first month following deliveries of hay, one of the defendants personally called on him and demanded payment of the “money due, according to his contract.” Plaintiff promised “that in a matter of a few days he would pay.” He made no payment until the 28th of the month, when he paid $275 on account.

Defendants continued to deliver hay as required by the plaintiff and the latter continued his dilatory payments. Statements of the account were regularly sent…