Hart v. Sherman

The question involved on the motion is the sufficiency of the allegation relating to the performance of the contract as a condition precedent. The action is for damages for the breach of a contract of employment. The defendant claims that the plaintiff has not alleged performance of conditions necessary to enable him to recover. The action is brought for a recovery in part of wages earned but chiefly for damages for a breach of the contract by reason of its termination by the defendants. An allegation of due performance under section 533 of the Code of Civil Procedure is necessary where the…