non-performancen.

1509–10 Act 1 Hen. VIII c. 19 Preamble For nonperfourmance of the said condicions.

a1616 W. Shakespeare Winter's Tale (1623) i. ii. 263 Fearefull To doe a thing, where I the issue doubted, Whereof the execution did cry out Against the non-performance . View more context for this quotation

1635 T. Jackson Humiliation Sonne of God viii. vii. 68 His non-performances of what hee often seriously intended.

1751 T. Smollett Peregrine Pickle III. xcii. 284 It would be a meritorious action to put the rascal to the proof, and then toss him in a blanket for non-performance.

1790 Amer. State Papers (1833) I. 124 Delay is always a kind of breach, since, as long as it lasts, it is the non-performance of stipulations.

1807 W. H. Ireland All Blocks 32 A bond containing a penalty for the performance of any thing; therefore, a duchy was the price which, in case of non-performance of stipulations, is to revert back to the original donor.

1827 J. Bentham Rationale Judicial Evid. II. iii. xiv. 306 The performance or non-performance of the ceremony called swearing, or taking an oath.

1881 Amer. Naturalist 15 323 A penalty might be attached for the non-performance of work ordered by such committee, as in the case of all other laws requiring work for the common good.

1908 H. James Portrait of Lady (rev. ed.) II. xxxv. 86 What penalties for non-performance she dreaded.

1973 N.Y. Law Jrnl. 31 Aug. 3/1 It has long been the law in this state that if the damage presumed to result from nonperformance is uncertain and incapable of ascertainment, the sum fixed by the parties is deemed to be liquidated damages.

1990 D. Shekerjian Uncommon Genius iii. xii. 188 The slights eat at him: nonperformance of his works by orchestras season after season, conductors who represent for him the anti-Christ, little recognition.