Section 16

Where any party to a contract (whether enforceable by law or not) has refused to perform or has neglected to perform or has broken any promise of performance in the contract, the party who so refuses or neglects or breaks any promise of performance may be compelled to perform or to comply with such promise if the party seeking relief in respect thereof satisfies the court that he has obtained the contract without any fraud or coercion or undue influence and that he has performed or has attempted to perform or has given security for the due performance of all such acts as were required of him by the other party to the contract and that in the case of a contract which is enforceable by law, the plaintiff has fulfilled all the terms of the contract which are to be fulfilled by him on his part and that the defendant has refused or neglected to perform or has broken any promise of performance in the contract.