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assumed by him, and no matter what the terms and conditions may be, upon which the right to compensation depends, they must be performed as a condition precedent to a right of action for the recovery ot the specific compensation.' This does not mean a literal performance in every particular and detail. A substantial performance is all that is required Woodward v. Fuller, 80 N. Y., 315. The same rule prevails in equity. A party who seeks to enforce a contract must show performance or its equivalent on his own part before he becomes entitled to relief. Pom. Eq. Juris, sec. 1407; Story's Eq. Juris, sec. 771; Jones vs. Lynde, 7 Paige, 301; Burling f. King, 66 Barb., 039; Crane vs. Decamp, 6 C. E. Green, 414; Boone V. Missouri Iron Co., 17 How, (U. S.) 343; Marble Co. V. Ripley, 10 Wall., 357; Stewart v. Raymond R. R. Co., 7 S. & M., 568; Watt v. Rogers, 2 Abb. Pr., 261. It is the duty of the court to inquire hoiv far the reciprocal obligations of the party seeking relief have been fairly and fully performed. Story's Eq. Jur., sec. 736; Crane v. Decamp, 6 C. E. Green, 414. 'If the plaintiff's simple negative conduct, his neglect to do what he has undertaken to do is sufficient to prevent his obtaining the remedy of specific performance, much more does the same result follow from his affirmative acts wiiich are in direct violation of the contract.' Pom. Eq. Juris., sec. 354."
In Foot vs. Bush, 69 N. W,, 874, it was held (quoting from syllabus):
"A purchaser is not entitled to the specific enforcement of a contract to convey land, after his default in making payments, which, by the terms of the contract, operated as a forfeiture of all his rights thereunder, without proof of a waiver of such provision by the vendor."
In Amer. & Eng. Enc. of Law, vol. 26, p. 70, is the following:
"It has been laid down as a general rule that equity will not specifically enforce a contract at the expense of the party who is himself in default with