of Polar. It ruled that Polar had the right to terminate the contract and recover the thirteen thousand dollar downpayment, less several ancillary charges due Parsons by Polar. The district court, further, found that Parsons' refusal to return the downpayment and refusal to accept return of the rig made its demand for recovery of alleged losses relating to the rig's use nugatory. It also held that the contract's silence as to Polar's paying rent for use of the rig during the forty-five day period over which the condition was in effect rendered Parsons' demand for such rent baseless. Parsons now challenges the district court's judgment.
Parsons initially takes issue with the lower court's ruling that return of the downpayment was necessary before Polar's relinquishment of the rig. Parsons contendsCotton then forced the victim to perform fellatio upon him and then ordered the victim to accompany Cotton, intending to take the victim to Cotton's house where the victim was to perform anal intercourse upon Cotton. At this point a young woman walked by them without incident. Upon reaching a bar on the other side of the underpass, she advised the police by phone what she observed and Cotton was arrested shortly thereafter.
According to Cotton, the only defense witness, the victim had made homosexual advances to him earlier in the evening at a bar, and that the victim accosted him in the underpass with a knife. Cotton claimed he disarmed the victim. The victim then offered Cotton money for various sexual acts. He dropped his wallet which Cotton