Moore v. Shell Oil Co.

Twenty-three assignments of error are set forth in defendant’s brief. The first assignment is, that the court erred in failing to grant defendant’s motion for nonsuit. Seven reasons are advanced in support of such motion:

1. It is urged that plaintiff’s failure to plead and prove his readiness and willingness to pay the contract price at the time and place of delivery is fatal to his right to recover. The amended complaint contains this allegation: That plaintiff “in all respects fully complied with his part of said contract and agreement in so far as he was allowed to do so by defendant.”…