Messer v. Southern Airways Sales Co.

The writer is of opinion that inasmuch as the breach of the contract alleged in count six was, “Defendant failed and refused to place said airplane in its hanger in said airport. It failed and refused to render merchantible service. It failed and refused to sell complainant gas and motor oil at the time and place aforesaid,” it was subject to the defect pointed out by the demurrer that, it did not show either tender of the usual charges for such services, or that plaintiff was ready, willing and able to pay the same. Messer v. Southern Airways Sales Co., 245 Ala. 462, 17 So. 2d 679.

Count…