338 MANUEL VS. CAMPBELL. [3 duced, does not clearly show either preformance or its equivalent upon the part of Campbell, nor the 'acceptance of the work by Man-uel. Upon the whole, we are of the opinion that the first instructions asked for were rightfully refused by the Court, as too broad and general; for it is a sound principle, that he who prevents a thing from being done, shall not avail himself of the non-performance he has occasioned ; but that the Court erred in not giving the second instructions, as moved by the plaintiff in error ; and as this Court cannot know what influence the refusal so to instruct may have had upon the finding of the jury, the judgment is reversed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.