Actually, returning the recordings may be part of the service for which the abstractor was hired. If so, failure to return them could constitute contract breach, and thereby justify nonpayment.
It may also constitute an anticipatory repudiation of the contract, and the abstractor may be sued for the client's resulting damages. In a situation such as this the abstractor would normally have the right to demand assurances of performance from the client. In the event that he does not receive them, the abstractor would have to make a decision as to treating the contract as having been breached by the client (very dangerous because the time for the client's performance may not have arrived yet), or performing his end of the contract, and waiting for the date of the client's performance to arrive before treating the contract as having been breached by the client (the safer route).
In a collection suit, the Plaintiff usually pleads that he has performed all of his/her contractual obligations in the body of the complaint filed with the court.
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