¶1The condition of the bond was not performed by the partial delivery stated in the record, and of course the penalty became forfeited.
¶2The judgment must therefore be reversed, and the cause remitted to the District Court, to proceed to judgment on the bond, allowing credit for any money, which may be proved to have been paid to the appellants, or to have been raised by the sale of any part of the wheat delivered.
¶3Judgment reversed.