Mayo v. Andress

I concur in order to propound my view on one of the issues raised by appellant.

Appellant attempts to excuse his breach by claiming impossibility of performance. As a general rule, subsequent impossibility of performance will not discharge a promisor.Hawkins v. First Federal Savings Loan Ass'n, 291 Ala. 257,280 So.2d 93 (1973). But the rule has exceptions. It is said the promisor must perform unless the performance is rendered impossible by act of God, by the law, or by the other party.Jewel v. Jackson Whitsitt Cotton Co., 294 Ala. 112,313 So.2d 157 (1975). Here, appellant claims the…