Whan v. Smith

The opinion of the court was delivered by

Hutchison, J.:

The plaintiff in this action appeals from the ruling of the trial court sustaining a demurrer to his evidence.

The action was upon a written contract, which was fulfilled by the plaintiff, but only in part by the defendant. The answer denied liability under the contract because it was void for uncertainty and indefiniteness and that the failure of fulfillment, which was admitted, was alleged to be not the fault of the defendant, but that of *10the plaintiff who had promised to make ready for such fulfillment but had never done so. The…