Reinhard v. Bertram

The plaintiff, appellant herein, has presented three grounds for the reversal of the judgment below.

1. He says that the defendant was entitled to recover nothing on her cross-petition, for the reason that she failed to allege and prove that she was ready, willing and able to pay.

The difficulty with the plaintiff’s position in this respect is that the defendant’s cause of action was based on the failure of the plaintiff to fully perform the condition precedent, upon which the obligation of the defendant depended. In legal contemplation, the defendant’s claim, as finally decided, was no more…