Anagnostis v. Alexandrou

(After stating the foregoing facts.) The order and judgment on the original petition, in so far as it gave the plaintiff a ten-day period in which to amend, adjudicates that the petition may be amended, and, as there is no exception to this order, and the plaintiff amended within the ten-day period, this court can consider the case only as presented by the amended petition.

While the plaintiff alleges only an offer to perform, and does not allege a tender of any money, he further alleges a refusal of this offer by the defendant, coupled with an affirmative statement by the defendant of the…