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The Indian Contract Act, 1872: page 24

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    Explanation.—The question “what is a proper time and place” is, in each particular case, a question
of fact.
    49. Place for performance of promise, where no application to be made and no place fixed for
performance.—When a promise is to be performed without application by the promisee, and no place is
fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a
reasonable place for the performance of the promise, and to perform it at such place.
                                                          Illustration
     A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for
the purpose of receiving it, and must deliver it to him at such place.

    50. Performance in manner or at time prescribed or sanctioned by promisee.—The performance
of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.
                                                          Illustrations
     (a) B owes A 2,000 rupees. A desires B to pay the amount to A’s account with C, a banker. B, who also banks with C,
orders the amount to be transferred from his account to A’s credit, and this is done by C. Afterwards, and before A knows of the
transfer, C fails. There has been a good payment by B.
                                                                                     e
     (b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the
                                                                              od
balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which
they owed to each other.

                                                                      aC
    (c) A owes B 2,000 rupees. B accepts some of A’s goods in reduction of the debt. The delivery of goods operates as a part
payment.
                                                                di
     (d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into
the post a letter containing the note duly addressed to A.
                                                           In
                                          Performance of reciprocal promises
    51.Promisor not bound to perform, unless reciprocal promisee ready and willing to
perform.—When a contract consists of reciprocal promises to be simultaneously performed, no promisor
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, unless A is ready and willing to deliver the goods on payment of the first instalment.

     52.Order of performance of reciprocal promises.—Where the order in which reciprocal promises
are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the
order is not expressly fixed by the contract, they shall be performed in that order which the nature of the
transaction requires.
                                                          Illustrations
     (a) A and B contract that A shall build a house for B at a fixed price. A’s promise to build the house must be performed
before B’s promise to pay for it.
     (b) A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the
payment of the money. A’s promise need not be performed until the security is given, for the nature of the transaction requires
that A should have security before he delivers up his stock.


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