Seller's Obligation to Pay Enforceable Despite Delayed Security Provision

A seller, having executed a promissory note in partial payment for goods and subsequently being unable to pay the remaining balance due to financial difficulty, sought to void the sale contract and recover the payment made, arguing the buyer's failure to deliver the promised security—a mortgage on a building—constituted a breach excusing performance. The court rejected the appeal, reasoning that the contractual stipulation regarding the mortgage was a subsidiary assurance that did not render the entire sale conditional upon its immediate establishment, meaning the seller's obligation to pay remained enforceable despite the delayed security arrangement.