Standard Oil Co. v. Mansfield

Nichols, Judge.

The defendant’s demurrers, both general and special, are based on the contention that a paragraph of the lease sued on, attached as an exhibit to the petition, set forth a condition precedent to the lease, and that, since the petition failed to allege that such condition had been met or that a legal excuse existed for the non-fulfillment thereof, the petition was subject to its demurrers.

The paragraph of the lease relied on by the defendant is as follows: “6. It is expressly understood and agreed between the lessor and lessee that the effectiveness of this lease throughout its…